Skip to main content

Full text of "North Carolina Register v.8 no. 16 (11/15/1993)"

See other formats


RBR/V^rN/7434-/. A2/A/G7 



RECEWED 



NOV I 



8 1993 



ne 



y^^M LIBRARY 



l± 



NORTH CAROLINA 



REGISTER 



IN TfflS ISSUE 




EXECUTIVE ORDER 



IN ADDITION 

Voting Rights Act 
Final Decision Letter 



PROPOSED RULES 

Community Colleges 

Cosmetic Art Eb^aminers 

Environment, Health, and Natural Resources 

Human Resources 

Labor 

Refrigeration Examiners 



RRC OBJECTIONS 



RULES INVALIDATED BY JUDICIAL DECISION 



CONTESTED CASE DECISIONS 



ISSUE DATE: November 15, 1993 
Volume 8 • Issue 16 • Pages 1513 - 1568 



TNFORMATTON ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVF. CODE 



NORTH CAROLINA REGISTER 



TEMPORARY RULES 



The North Carolina Register is published twice a month and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the 
General Statutes. All proposed administrative rules and notices of 
public hearings filed under G.S. 150B-21.2 must be published in 
the Register. The Register will typically comprise approximately 
fifty pages per issue of legal text. 

State law requires that a copy of each issue be provided free of 
charge to each county in the state and to various state officials and 
institutions. 

TTie North Carolina Register is available by yearly subscription 
at a cost of one hundred and five dollars (S105.00) for 24 issues. 
Individual issues may be purchased for eight dollars (S8.00), 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings, 
P. 0. Drawer 27447, Raleigh, N. C. 27611-7447. 



Under certain emergency conditions, agencies may issue 
temporary rules. Within 24 hours of submission to OAH, the 
Codifier of Rules must review the agency's written statement of 
findings of need for the temporary rule pursuant to the provisions in 
G.S. 150B-21.1. If the Codifier determines that the findings meet 
the criteria in G.S. 150B-21.1, the rule is entered into the NCAC. If 
the Codifier determines that the fmdings do not meet the criteria, 
the rule is returned to the agency. The agency may supplement its 
findings and resubmit the temporary rule for an additional review 
or the agency may respond that it will remain with its initial 
position. The Codifier, thereafter, will enter the rule into the 
NCAC. A temporary rule becomes effective either when the 
Codifier of Rules enters the rule in the Code or on the sixth 
business day after the agency resubmits the rule without change. 
The temporary rule is in effect for the period specified in the rule or 
180 days, whichever is less. An agency adopting a temporary rule 
must begin rule-making procedures on the permanent rule at the 
same time the temporary rule is filed with the Codifier. 



ADOPTION AMENDMENT, AND REPEAL OF 
RULES 



NORTH CAROLINA ADMINISTRATIVE CODE 



The following is a generalized statement of the procedures to be 
followed for an agency to adopt, amend, or repeal a rule. For the 
specific statutory authority, please consult Article 2A of Chapter 
150B of the General Statutes. 

Any agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register. The notice must include the time and place of the public 
hearing (or instructions on how a member of the public may request 
a hearing); a statement of procedure for public comments; the text 
of the proposed rule or the statement of subject matter; the reason 
for the proposed action; a reference to the stamtory authority for the 
action and the proposed effective date. 

Unless a specific statute provides otherwise, at least 15 days 
must elapse following publication of the notice in the North 
Carolina Register before the agency may conduct the public 
hearing and at least 30 days must elapse before the agency can take 
action on the proposed rule. An agency may not adopt a rule that 
differs substantially from the proposed form published as part of 
the public notice, until the adopted version has been published in 
the North Carolina Register for an additional 30 day comment 
period. 

When final action is taken, the promulgating agency must file 
the rule with the Rules Review Commission (RRC). After approval 
by RRC, the adopted rule is filed with the Office of Administrative 
Hearmgs(OAH). 

A rule or amended rule generally becomes effective 5 business 
days after the rule is filed with the Office of Administrative 
Hearings for publication in the North Carolina Administrative Code 
(NCAC). 

Proposed action on rules may be withdrawn by the promulgating 
agency at any time before final action is taken by the agency or 
before filing with OAH for publication in the NCAC. 



The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 25 state 
agencies and 38 occupational licensing boards. The NCAC 
comprises approximately 15,000 letter size, single spaced pages of 
material of which approximately 35% of is changed annually. 
Compilation and publication of the NCAC is mandated by G.S. 
150B-21.18. 

The Code is divided into Titles and Chapters. Each state agency 
is assigned a separate title which is further broken down by 
chapters. Title 21 is designated for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum cost of 
two dollars and 50 cents (S2.50) for 10 pages or less, 
plus fifteen cents (50.15) per each additional page. 

(2) The full publication consists of 53 volumes, totaling in 
excess of 15,000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the 
full publication including supplements can be 
purchased for seven hundred and fifty dollars 
(S750.00). Individual volumes may also be purchased 
with supplement service. Renewal subscriptions for 
supplements to the initial publication are available. 

Requests for pages of rules or volumes of the NCAC should be 
directed to the Office of Administrative Hearings. 



CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, page 
number and date. 1:1 NCR 101-201, April 1, 1986 refers to 
Volume 1, Issue 1, pages 101 through 201 of the North Carolina 
Register issued on April 1, 1986. 



FOR INFORMATION CONTACT: Office of 
Administrative Hearings, ATTN: Rules Division, P.O. 
Drawer 27447, Raleigh, North Carolina 27611-7447, (919) 
733-2678. 



NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 

P. O. Drawer 27447 

Raleigh, North Carolina 27611-7447 

(919) 733-2678 



ISSUE CONTENTS 



I. EXECUTIVE ORDER 

Executive Order 32 1513 

II. IN ADDITION 

Voting Rights Act 1514 

Tax Review Board 1516 

III, PROPOSED RULES 
Community Colleges 

Community Colleges 1527 

Environment, Health, and 
Natural Resources 

Vital Records 1525 

Human Resources 

Facility Services 1519 

Labor 

Office of Occupational Safety and 

Health 1523 

Licensing Boards 

Cosmetic Art Examiners 1526 

Refrigeration Examiners 1526 



Julian Mann III, 

Director 
James R. Scarcelia Sr., 

Deputy Director 
Molly Masich, 

Director of APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 

Tins publication is printed on permanent, 
acid-free paper in compliance with 
as. 125-11.13. 



IV. LIST OF RULES CODIFIED . 



1535 



V. RRC OBJECTIONS 1540 

VI. RULES INVALIDATED BY 

JUDICIAL DECISION 1543 

VII. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 1544 

Text of Selected Decisions 

93 ABC 0433 1553 

93 OS? 0493 1558 

93 ABC 0601 1560 

VIIL CUMULATIVE INDEX 1566 



NORTH CAROLINA REGISTER 

Publication Schedule 

(July 1993 - May 1994) 



Volume 
and 
Issue 

Number 


Issue 
Date 


Last Day 

for 

Filing 


Last Day 
for Elec- 
tronic 
Filing 


Earliest 

Date for 

Public 

Hearing 

75 days 

from 

notice 


* End of 
Required 
Comment 

Period 

30 days 

from 

notice 


Last Day 

to Submit 

to RRC 


** Earliest 

Effective 

Date 


8:7 


07/01/93 


06/10/93 


06/17/93 


07/16/93 


08/02/93 


08/20/93 


10/01/93 


8:8 


07/15/93 


06/23/93 


06/30/93 


07/30/93 


08/16/93 


08/20/93 


10/01/93 


8:9 


08/02/93 


07/12/93 


07/19/93 


08/17/93 


09/01/93 


09/20/93 


11/01/93 


8:10 


08/16/93 


07/26/93 


08/02/93 


08/31/93 


09/15/93 


09/20/93 


11/01/93 


8:11 


09/01/93 


08/11/93 


08/18/93 


09/16/93 


10/01/93 


10/20/93 


12/01/93 


8:12 


09/15/93 


08/24/93 


08/31/93 


09/30/93 


10/15/93 


10/20/93 


12/01/93 


8:13 


10/01/93 


09/10/93 


09/17/93 


10/18/93 


11/01/93 


11/22/93 


01/01/94 


8:14 


10/15/93 


09/24/93 


10/01/93 


11/01/93 


11/15/93 


11/22/93 


01/01/94 


8:15 


11/01/93 


10/11/93 


10/18/93 


11/16/93 


12/01/93 


12/20/93 


02/01/94 


8:16 


11/15/93 


10/22/93 


10/29/93 


11/30/93 


12/15/93 


12/20/93 


02/01/94 


8:17 


12/01/93 


11/05/93 


11/15/93 


12/16/93 


01/03/94 


01/20/94 


03/01/94 


8:18 


12/15/93 


11/24/93 


12/01/93 


12/30/93 


01/14/94 


01/20/94 


03/01/94 


8:19 


01/03/94 


12/08/93 


12/15/93 


01/18/94 


02/02/94 


02/21/94 


04/01/94 


8:20 


01/14/94 


12/21/93 


12/30/93 


01/31/94 


02/14/94 


02/21/94 


04/01/94 


8:21 


02/01/94 


01/10/94 


01/18/94 


02/16/94 


03/03/94 


03/21/94 


05/01/94 


8:22 


02/15/94 


01/25/94 


02/10/94 


03/02/94 


03/17/94 


03/21/94 


05/01/94 


8:23 


03/01/94 


02/08/94 


02/15/94 


03/16/94 


03/31/94 


04/20/94 


06/01/94 


8:24 


03/15/94 


02/22/94 


03/10/94 


03/30/94 


04/14/94 


04/20/94 


06/01/94 


9:1 


04/04/94 


03/11/94 


03/18/94 


04/19/94 


05/04/94 


05/20/94 


07/01/94 


9:2 


04/15/94 


03/24/94 


03/31/94 


05/02/94 


05/16/94 


05/20/94 


07/01/94 


9:3 


05/02/94 


04/11/94 


04/18/94 


05/17/94 


06/01/94 


06/20/94 


08/01/94 


9:4 


05/16/94 


04/25/94 


05/02/94 


05/31/94 


06/15/94 


06/20/94 


08/01/94 



Note: Time is computed according to the Rules of Civil Procedure, Rule 6. 

* An agency must accept comments for at least 30 days after the proposed text is published or until the date 
of any public hearing, whichever is longer See G.S. 150B-21.2{fj for adoption procedures. 

** Tlie "Earliest Effective Date " is computed assuming that the agency follows the publication schedule above, 
that the Rules Reiiew Commission approves the rule at the next calendar month meeting after submission, and 
that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st business day of the next 
calendar month. 



Rexised 07/93 



EXECUTIVE ORDER 



EXECUTIVE ORDER MJMBER 32 

GOVERNOR'S ADVISORY COMMISSION 

ON MILITARY AFFAIRS 

WHEREAS, the United States Armed Forces 
play a vital role in the economy and culture of 
North Carolina; and 



tion, the general public, and State, feder- 
al, and local governments, 
(c) Advise the Governor on measures and 
activities which would support and assist 
North Carolina military families and 
promote defense installations within the 
State. 



WHEREAS, the United States Armed Forces are 
facing drastic changes in their size, composition 
and mission, 

NOW, THEREFORE, by the power vested in me 
as Governor by the laws and Constitution of North 
Carolina, IT IS ORDERED: 

Section 1. ESTABLISHMENT 

The Governor's Advisory Commission on Mili- 
tary Affairs is hereby re-established. It shall be 
comprised of at least fifteen (15) members appoint- 
ed by the Governor who shall serve for terms of 
three (3) years at the pleasure of the Governor. In 
addition to the appointed members, the following 
twelve (12), or their designees, shall serve as ex- 
officio, non-voting members: 

(1) Secretary of Administration; 

(2) Secretary of Transportation; 

(3) Secretary of Environment, Health, and 
Natural Resources; 

(4) Secretary of Crime Control and Public 
Safety; 

(5) Secretary of Commerce; 

(6) Base commanders of Fort Bragg, Camp 
Lejeune, Cherry Point and the Elizabeth 
City Coast Guard Air Station; 

(7) Wing Commanders of the 4th and 23rd 
Wing; and 

(8) Adjutant General of the North Carolina 
National Guard. 

The Governor shall designate one of the voting 
members as Chairperson. 



Section 4. ADMINISTRATION 

Support staff for the Commission shall be provid- 
ed by the Department of Crime Control and Public 
Safety. Members shall serve without compensa- 
tion, but may receive reimbursement, contingent 
upon the availability of funds, for travel and 
subsistence in accordance with N.C.G.S. 138-5, 
138-6, 120-3.1. 

Section 5. EFFECT ON OTHER EXECUTIVE 
ORDERS 

Martin Administration Executive Order Number 
151, as amended by Executive Orders 163 and 
170, and as extended by 185, is hereby rescinded. 

This Order shall be eflFective immediately. 

Done in the Capital City of Raleigh, North 
Carolina, this the 21st day of October, 1993. 



Section 2. MEETINGS 

The Commission shall meet regularly at the call 
of the Chairperson or the Governor. 

Section 3. DUTIES 

The Commission shall have the following duties: 

(a) Provide a forum for the discussion of 
issues concerning major military installa- 
tions in the State, active and retired 
military personnel, and their families. 

(b) Promote cooperation and understanding 
between the military components, the 
communities, our congressional delega- 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



1513 



IN ADDITION 



1 his Section contains public notices that are required to be published in the Register or have been V 

approved by the Codifier of Rules for publication. 



U.S. Department of Justice 

Civil Rights Division 

JPT:GS:CGM:emr Voting Section 

DJ 166-012-3 P.O. Box 66128 

93-2827 Washington, D.C. 20035-6128 

October 14, 1993 

Richard J. Rose, Esq. 

Poyner & Spruill 

R O. Box 353 

Rocky Mount, North Carolina 27802-0353 

Dear Mr. Rose: 

This refers to two annexations [Nos. 194 and 195 (1993)] and their designation to single-member ^ 

districts of the City of Rocky Mount in Edgecombe and Nash Counties, North Carolina, submitted to the j^ 

Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. ^ 
We received your submission on August 16, 1993. 

The Attorney General does not interpose any objection to the specified changes. However, we note 
that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent 
litigation to enjoin the enforcement of the changes. See the Procedures for the Administration of Section 
5 (28 C.FR. 51.41). 



Sincerely, 

James P. Turner 

Acting Assistant Attorney General 

Civil Rights Division 



By: 



Steven H. Rosenbaum 
Chief, Voting Section 



I 



1514 8:16 NORTH CAROLINA REGISTER November 15, 1993 



IN ADDITION 



JPT:GS:RA:emr:lrj 
DJ 166-012-3 
93-3065 



U.S. Department of Justice 

Civil Rights Division 

Voting Section 

P.O. Box 66128 

Washington, D.C. 20035-6128 



October 27, 1993 

Michael Crowell, Esq. 
Tharrington, Smith & Hargrove 
P. O. Box 1151 
Raleigh, North Carolina 27602-1151 

Dear Mr. Crowell: 

This refers to the procedures for conducting the November 2, 1993, special bond election for the 
City of Laurinburg in Scotland County, North Carolina, submitted to the Attorney General pursuant to 
Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your submission 
on August 30, 1993. 

The Attorney General does not interpose any objection to the specified change. However, we note 
that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent 
litigation to enjoin the enforcement of the change. See the Procedures for the Administration of Section 5 
(28 C.F.R. 51.41). 



Sincerely, 

James P. IXimer 

Acting Assistant Attorney General 

Civil Rights Division 



By: 



Steven H. Rosenbaum 
Chief, Voting Section 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



1515 



IN ADDITION 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



BEFORE THE TAX REVIEW BOARD 



In the matter of: 
The Proposed Assessment of 
Additional Sales and Use Tax for 
the Period 1 February 1985 through 
30 September 1989 by the Secretary 
of Revenue against TMP Video 
Communications Corporation, 



ADMINISTRATIVE 
DECISION NUMBER: 



276 



THIS MATTER was heard before the undersigned duly appointed and acting members of the Tax 
Review Board at its regular meeting in the City of Raleigh on 10 September 1993, upon Petition of TMP 
Video Communications Corporation (hereinafter "Petitioner") for review of a Final Decision of the Deputy 
Secretary of Revenue sustaining a proposed assessment of additional sales and use tax for the period 1 
February' 1985 through 30 September 1989. The Petitioner was represented at the hearing by Luke D. Hyde 
and Herbert L. Hyde, attorneys at law; the Department of Revenue was represented at the hearing by 
Marilyn R. Mudge, Assistant Attorney General. 

At the outset of the hearing, the Petitioner sought to introduce into evidence a videotape which the 
Petitioner asserted would provide important information about the Petitioner's business with regard to the 
issues raised in this matter. Counsel for the Department of Revenue objected to the introduction of this 
videotape on the grounds that it was not part of the record of proceedings before the Deputy Secretary of 
Revenue. Counsel for the Petitioner then asked that the matter be remanded to the Deputy Secretary in 
order for the Deputy Secretary to review the videotape and make additional findings and conclusions if 
appropriate. 

AND IT APPEARING TO THE BOARD that this matter involves difficult questions concerning 
the application of the sales and use tax law to a business affected by rapidly changing technology; 

AND IT FURTHER APPEARING TO THE BOARD that the interests of justice would be best 
served by allowing the Deputy Secretary of Revenue to consider additional evidence in order to fully 
develop the record with regard to the nature of the Petitioner's business; 

IT IS THEREFORE ORDERED that the Petitioner's case is remanded to the Deputy Secretary of 
Revenue, where the Petitioner shall have the opportunity to present additional evidence to be taken and ruled 
upon by the Deputy Secretary. 

Entered in the City of Raleigh this 28th day of October, 1993. 

TAX REVIEW BOARD 



Harlan E. Boyles, Chairman 
State Treasurer 



John E. TTiomas 

Chairman, Utilities Commission 

JeflF D. Batts 



1516 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



IN ADDITION 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



BEFORE THE TAX REVIEW BOARD 



ADMINISTRATIVE 
DECISION NUMBER: 



277 



In the matter of: 
The Proposed Assessment of 
Additional Sales and Use Tax for 
the Period 1 September 1989 through 
31 July 1991 by the Secretary of 
Revenue against Down East 
Rent-A-John, Incorporated. 



THIS MATTER was heard before the undersigned duly appointed and acting members of the Tax 
Review Board at its regular meeting in the City of Raleigh on 10 September 1993, upon the issues raised 
in the Motion to Dismiss Appeal filed by the Department of Revenue on 30 August 1993. The Taxpayer, 
Down East Rent-A-John, Incorporated, was represented at the hearing by Darris W. Koontz and Thomas 
H. Cook Jr., attorneys at law; also present on behalf of the Taxpayer were John Smith, George Koontz, and 
Margie Bulris. The Department of Revenue was represented at the hearing by Marilyn R. Mudge, Assistant 
Attorney General; also present on behalf of the Department was William Smith. The hearing was limited 
to the matters raised in the Motion to Dismiss Appeal filed 30 August 1993, the Response and 
Countermotion filed 3 September 1993, and the Motion to Extend Time to File Petition and Permit Filing 
of Petition filed 10 September 1993. 

The Board considered the following documents filed in this matter: 

1. Notice of Intent, filed 4 May 1992. 

2. Board acknowledgement of Item 1, advising that the Petition in this matter should be filed 
within 60 days after the date prescribed for filing the Notice of Intent, filed 13 May 1992. 

3. Letter to J. Ward Purrington, Secretary of Revenue, dated 8 January 1993, with fifteen (15) 
pages of attachments, filed 11 January 1993. 

4. Letter from C. B. McLean Jr., Board Executive Secretary, to Mr. John C. Smith Jr., 
President of Down East Rent-A-John, Inc., acknowledging receipt of Item 3. 

5. Letter from William C. Smith to John C. Smith Jr., dated 27 January 1993 (copy to 
Board), filed 27 January 1993. 

6. Notice of hearing, dated 6 August 1993. 

7. Letter from Darris W. Koonce to Board, filed 13 August 1993. 

8. Motion to Dismiss Appeal , filed 30 August 1993. 

9. Response and Countermotion . filed 3 September 1993. 

10. Affidavit of Betty P Ward, filed 10 September 1993. 

11. Affidavit of Jean T. Tripp, filed 10 September 1993. 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



1517 



IN ADDITION 



12. Affidavit of Darris W. Koontz, filed 10 September 1993. 

13. Affidavit of John C. Smith, filed 10 September 1993. 

14. Affidavit of George E. Koontz, filed 10 September 1993. 

15. Affidavit of Margie M. Bulris. filed 10 September 1993. 

16. Certification of Betty K. Mohn, filed 10 September 1993. 

17. Motion to Extend Time to File Petition and Permit Filing of Petition , filed 10 September 
1993. 

After carefully considering the arguments of counsel and the affidavits and matters of record in this 
appeal, the Board makes the following Findings of Fact: 

1. The Taxpayer, on 4 May 1993, filed with the Board a one-page notice of intent dated 30 
April 1992 and purporting to be signed by John C. Smith, president of Down East Rent-A- 
John, Incorporated. The notice of intent made reference to a final decision of the Deputy 
Secretary of Revenue rendered 7 April 1992. 

2. On 13 May 1992, the Board issued a letter to the Taxpayer acknowledging receipt of the 
notice of intent, and advising the Taxpayer that the original petition should be filed within 
sixty (60) days after the date prescribed for filing the notice of intent. 

3. The Taxpayer did not file a petition to the Tax Review Board within the time prescribed 
by G.S. 105-24 1.2(a). 

Based on its Findings of Fact set forth above, the Board makes the following Conclusions of Law: 

1. The time limits specified in G.S. 105-241. 1(a) are jurisdictional in nature; the Board has 
no authority to consider petitions not filed within the time prescribed by law. 

2. Because the Taxpayer did not file a petition within the time prescribed by G.S. 105- 
241.2(a), the Taxpayer's appeal must be dismissed. 

IT IS THEREFORE ORDERED that the Taxpayer's appeal be, and it is hereby, DISMISSED. 

Entered in the City of Raleigh this 28th day of October, 1993. 

TAX REVIEW BOARD 



Harlan E. Boyles, Chairman 
State Treasurer 



John E. Thomas 

Chairman, Utilities Commission 



Jeff D. Batts 



1518 8:16 NORTH CAROLINA REGISTER November 15, 1993 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OF 
HUMAN RESOURCES 

J\otice is hereby given in accordance with G.S. 
150B-21.2 that the Division of Facility Services 
intends to adopt rules cited as 10 NCAC 3R .4201 
- .4207. 

1 he proposed effective date of this action is 
February 1, 1994. 

1 he public hearing will be conducted at 2:00 
p.m. on Decetnber 15, 1993 at the Council Build- 
ing, Room 201, 701 Barbour Drive, Raleigh, NC 
27603. 

JKeason for Proposed Action: To implement 
recent legislative changes which require all hospic- 
es, hospice inpatient facilities and hospice residen- 
tial care facilities to submit applications for review' 
and to obtain a certificate of need. 

X^omment Procedures: All written comments must 
be received by Mr. Jackie R. Sheppard, APA 
Coordinator, DPS, PO Box 29530. Raleigh, NC 
27626-0530, telephone (919) 733-2342, no later 
than December 15, 1993. V&itten comments 
submitted after the deadline will not be considered. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3R - CERTIFICATE OF 
NEED REGULATIONS 

SECTION .4200 - CRITERIA AND 
STANDARDS FOR HOSPICES, HOSPICE 
INPATIENT FACILITIES, AND HOSPICE 

RESIDENTIAL CARE FACILITIES 

.4201 DEFINITIONS 

The following definitions shall apply to all rules 
in this Section: 

(1) "Bereavement counseling" means coun- 
seling provided to a hospice patient's 
family or significant others to assist them 
in dealing with issues of grief and loss. 

(2) "Caregiver" means the person whom the 
patient designates to provide the patient 
with emotional support, physical care, or 
both. 

(3) "Care plan" means a plan as defined in 
K) NCAC 3T .0102 of the Hospice ]> 



£41 

15) 



16) 



ill 

18} 

19} 



(10) 
ia} 



lb} 



Ic} 

£11} 

(12) 

(13) 

(14) 
05} 
(16) 



censing Rules. 

"Continuous care" means care as defined 
in 42 CFR 418.204, the Hospice Medi- 
care Regulations. 

"Home-like" means furnishings of a 
hospice inpatient facility or a hospice 
residential care facility as defined in 10 
NCAC 3T .1110 of the Hospice Licens- 
ing Rules. 

"Homemaker services" means services 
provided to assist the patient with person- 
al care, maintenance of a safe and 
healthy environment and implementation 
of the patient's care plan. 
"Hospice" or "hospice home care pro- 
gram" means any coordinated program of 
home care as defined in G.S. 131E- 
176(1 3a). 

"Hospice inpatient facility" means a 
facility as defined in G.S. 131E- 
176(13b). 

"Hospice residential care facility" means 
a facility as defined in G.S. 131E- 
176(130. 

"Hospice service area" means: 
the single county in which the hospice 
or hospice inpatient facility will be 
established if the application is 
submitted to address the need identified 
for a single county as set forth in the 
applicable State Medical Facilities Plan 
(SMFP); or 

the contiguous counties for which the 

hospice or hospice inpatient facility will 

provide services if the application is 

submitted to address the need identified 

for a contiguous grouping of counties as 

defined in tlie applicable SMFP; or 

the single county in which the hospice 

residential care facility will be located. 

"Hospice services" or "hospice home 

care services" means services as defined 

in G.S. 131E-201. 



"Hospice staff 
defined in 



means personnel as 

10 NCAC 3T .0102 of the 



Hospice Licensing Rules. 

"Inpatient care" means care provided as 

defined in fO NCAC 3T .0501(6) of the 

Hospice Licensing Rules. 

"Interdisciplinary team" means personnel 

as defined in G.S. 131E-201. 

"Palliative care" means treatment as 

defined in G.S. 131E-201. 

"Respite care" means care provided as 

defined in 42 CFR 418.98. 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



1519 



PROPOSED RULES 



Statutory Authorin G.S. 131E-177(1). 

.4202 INFORMATION REQLIRED OF 
APPLICANT 

(a) An applicant proposing to develop a hospice 
or hospice home care program shall complete the 
application form for Home Health Agency and 
Hospice Ser\ices. An applicant proposing to 
develop hospice inpatient facility beds or hospice 
residential care facility beds shall complete the 
application form for Hospice Inpatient and Hospice 
Residential Care Services. 

(b) An applicant proposing to de\'elop a hospice 
or hospice home care program, hospice inpatient 
facility beds, or hospice residential care facilirs' 
beds shall provide the following information: 

d) the county or counties included in the 
hospice service area for the proposed 
project in accordance with the definition 
in Rule .4201 of this Section: 

(2) the projected number of patient care 
days, by service type, to be provided in 
each of the first eight quarters 
following completion of the project and 
the methodology and assumptions used 
to make the projection: 

(3') the projected average annual cost per 
patient care da\-. by service t\'pe. for 
each of the first two operating x'ears 
following completion of the project: 

(4) the names of the anticipated sources of 
referrals and copies of proposed patient 
referral agreements with health and 
social services providers located within 
the hospice service area: and 

(5) documentation that a written plan for 
bereavement counseling shall be 
initiated upon the first offering of 
hospice services and shall be completed 
prior to the provision of bereavement 
care. 

(c) An applicant proposing to develop a hospice 
or hospice home care program shall also provide 
the following information: 

( 1 ) an unduplicated count of the number of 
hospice home care patients projected to 
be serv'ed in each of the first eight 
quarters following completion of the 
proiect and the methodology and 
assumptions used to make the 
projections: 

(2) the projected number of hospice home 
care visits to be provided for each of 
the following services in each of the 
first eight quarters following completion 



of the proiect and the methodology and 
assumptions used to make the 
projections: 
(A) nursing services; 



m 

ID) 

IE} 
ill 



social work services: 



certified nursing assistant or home 
health aide services: 
counseling services, including dietan,'. 
spiritual, and family counseling: 
bereavement counseling services: and 
volunte-er services: and 



(3) documentation that the hospice or 

hospice home care program shall be 

licensed within one year after issuance 

of the certificate of need. 

(d) An applicant proposing to develop hospice 

inpatient or hospice residential care facility beds 

shall also provide the following information: 

(1 ) a description of the means by which 
hospice home care services will be 
provided: 

(2) copies of the proposed contractual 
agreements with the licensed hospice or 
hospice home care provider that will 
provide the hospice home care services: 

(3) a copy of the admission policies- 
including the criteria that will be used 
to select persons for admission and to 
assure that terminally iU patients are 
served in their own homes as long as 
possible: and 

(4) documentation that a home-like setting 
will be provided in the facilitv\ 

Statuton- Authority G.S. 131E-177(1). 

.4203 REQLTRED PERFOR.\L\NCE 
ST.\NT)ARDS 

(a) An applicant proposing to develop hospice 
inpatient facilits' beds or hospice residential care 
facility' beds shall demonstrate that: 

(1 ) the average occupancy rate of the 
licensed beds m the facility is projected 
to be at least 50% for the last six 
months of the first operating year 
following completion of the project: 

(2) the average occupancy rate for the 
licensed beds m the facility is projected 
to be at least 75% for the second 
operating year following completion of 
the project: and 

(3) each existing facility which is located in 
the hospice service area and which has 
licensed beds of the type proposed by 
the applicant attained an occupancy' rate 



1520 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



PROPOSED RULES 



of at least 75% for the twelve month 

period reported on that facility's most 

recent Licensure Renewal Application 

Form. 

fb) An applicant proposing to add beds to an 

existing hospice inpatient facility or hospice 

residential facility shall document that the average 

occupancy of the licensed beds in the existing 

facility was at least 75% for the nine months 

immediately preceding the submittal of the 

proposal. 

(c) An applicant proposing to develop a hospice 
or hospice home care program shall demonstrate 
that no less than 80% of the total patient care days 
provided to Medicaid and Medicare patients will 
be provided m the patient's residence m 
accordance with 42 CFR 418. 

Statutory Authority G.S. 131E-177(1). 

.4204 REQUIRED SUPPORT SERVICES 

(a) An applicant proposing to develop a hospice, 
hospice inpatient facility beds, or hospice 
residential care facility beds shall demonstrate that 
the following services will be provided by the 
applicant to the patient and the patient's family or 
significant others: 

(1) nursing services; 

(2) social work services; 

(3) counseling services including dietary, 
spiritual, and family counseling; 

(4) bereavement counseling services; 

(5) volunteer services; and 

(6) physician services. 

fb) An applicant shall demonstrate that the 
services listed in Paragrpah (a) of this Rule will be 
available 24 hours a day, seven days a week. 

(c) An applicant proposing to develop a hospice, 
hospice inpatient facility beds, or hospice 
residential care facility beds shall provide 
documentation that the following services, when 
ordered by the attending physician and specified In 
the care plan, will either be provided directly by 
the hospice or provided through a contract 
arranged by the hospice: 

(1) hospice inpatient care. 

(2) physical therapy, 

(3) occupational therapy, 

(4) speech therapy, 

(5) home health aide services, 

(6) medical supplies or equipment, 

(7) respite care. 

(8) homemaker services, and 

(9) continuous care. 



inpatient facility or a hospice residential care 
facility shall provide documentation that 
pharmaceutical services will be provided directly 
by the facility or by contract. 

(e) For each of the services listed in Paragraphs 
(c) and (d) of this Rule which are pro posed to be 
provided by contract, the applicant shall provide a 
copy of a letter from the proposed provider 
expressing their willingness to enter into a contract 
or shall submit a copy of the contract. 

Statutory Authority G.S. 131 £-177(1). 

.4205 REQUIRED STAFFING AND 
STAFF TRAINING 

(a) An applicant proposing to develop a hospice, 
hospice inpatient facility beds, or hospice 
residential care facility beds shall document that 
staffing for hospice services will be provided m a 
manner consistent with G.S. Chapter 13 IE. Article 
10. 

(b) The applicant shall demonstrate that: 



m 



£2) 



ID 



14} 



the staffing pattern will be consistent 

with licensure requirements as specified 

in iO NCAC Subchapter 3T. Hospice 

Licensing Rules; 

training for all hospice staff and 

volunteers will meet the requirements 

as specified in fO NCAC 3T .0402, 

Hospice Licensing Rules; 

a volunteer program will be established 

and operated in accordance with 10 

NCAC 3T .0400 and .0500 and 



CFR 418.70; 

an interdisciplinary team will 

established which includes, at 



42 

be 
a 



minimum, 
nurse, a 
member. 
volunteer. 



a licensed 
a clergy 

_ trained hospice 

as specified in G.S. 131E- 



a physician. 
social worker, 
a 



and 



ill 



(6) 



01 



201; 

a qualified health care professional will 

coordinate the hospice interdisciplinary 

team to assure implementation of an 

integrated care plan and the continuous 

assessment of the needs of the patient 

and the patient's family or significant 

others; 

a written care plan will be developed by 

the attending physician, the medical 

director or physician designee, and the 

interdisciplinary team before care is 

provided to a patient and the patient's 

family or significant others; 

meetings of the interdisciplinary care 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



1521 



PROPOSED RULES 



team and other appropriate personnel 
will be held on a frequent and regular 
basis, at least once every two weeks, 
for the purpose of care plan review and 
staff support; and 
(8) each interdisciplinary team member will 
be provided orientation, training, and 
continuing education programs 
appropriate to their responsibilities and 
to the maintenance of skills necessary 
for the physical care of the patient and 
the psychosocial and spiritual care of 
the patient and the patient's family or 
significant others. 

Statutory Authority G.S. 131E-177(1). 

.4206 ACCESSIBILITY' 

(a) The applicant shall demonstrate that it will 
offer palliative care to terminally ill persons and 
their families regardless of age, gender, 
nationality, race, creed, sexual orientation, 
disability, or diagnosis. 

(b) The applicant shall describe the mechanism 
that it will use to assure that the projected number 
of medically underserved and indigent persons will 
be served. 

(c) The applicant shall provide a written 
description of its billing procedures, including the 
credit and collection policies that will be utilized. 

(d) The applicant shall document that the health 
care community in the hospice service area 
including, but not limited to the Departments of 
Social Services and Health, have been invited to 
comment on the proposed project, particularly with 
regard to the referral mechanisms and admissions 
policies for the medically underserved population. 

(e) If an applicant is proposing to develop a 
licensed hospice home care p rogram, licensed 
hospice inpatient beds in a freestanding facility, or 
licensed hospice beds in a health service facility 
when the hospice home care services are not 
provided through a contract, then the applicant 
shall document that it will be certified for 
participation in the Medicaid and Medicare 
program. 

(f) The applicant shall document jt will equal or 
exceed the average percent of patient days of care 
in the combined categories of Medicare, Medicaid, 
and medically indigent patients that are provided 
by the existing facilities of the same licensure 
category which are located in the hospice service 
area. 

Statutory Authority- G.S. 131E-177(1). 



.4207 DATA REPORTING REQUIREMENTS 

The applicant shall agree to provide, upon the 
request of the Division of Facility Services, the 
following types of data and information, in 
accordance with data format and reporting 
requirements formulated by the Division of 
Facility Services: 

(1) demographic data on patients treated; 

(2) financial data; and 

(3) clinical data. 

Statutory Authority G.S 131E-177(1). 

iSotice is hereby given in accordance with G.S. 
150B-21.2 that the Division of Facility Services 
intends to adopt rules cited as 10 NCAC 3R .6001 
- . 6004. 

1 he proposed effective date of this action is 
March 1, 1994. 

1 he public hearing will be conducted at 10:00 
a.m. on December 15, 1993 at the Division of 
Facility Services, Room 201 . Council Bldg. , 701 
Barbour Drive, Raleigh, NC. 

Ixeason for Proposed Action: To adopt the 
permanent version of temporary rules 10 NCAC 3R 
. 6001 through . 6004 which were adopted pursuant 
to HB 729 (Health Care Reform Bill). 

K^omtnent Procedures: All written comments must 
be submitted to Jackie Sheppard, APA Coordina- 
tor, Division of Facility Services, PO Box 29530, 
Raleigh, NC 27626-0530, telephone (919) 733- 
2342, up to and including December 15, 1993. 

tLditor's Note: These Rules were filed as tempo- 
rary adoptions effective October 25, 1993 for a 
period of 180 days or until the permanent rule 
becomes effective, whichever is sooner. 

SECTION .6000 - CERTIFICATE OF 
PUBLIC ADVANTAGE PROGRAM 

.6001 CERTIFICATE OF PUBLIC 
ADVANTAGE 

The Division of Facility Services is responsible 
for carrying out the responsibilities of the Depart- 



1522 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



PROPOSED RULES 



ment in administering Article 9A of Chapter 131E 
of the General Statutes entitled the Certificate of 
Public Advantage. 

Statutory Authority G.S. 131E-192.il. 

.6002 APPLICATION FILING FEE 

(a) Applicants for a Certificate of Public Advan- 
tage shall submit with their application a fee of 
three thousand seven hundred and fifty dollars 



($3.750) for each provider which is participating 
in the application, provided that the total fee may 
not exceed fifteen thousand dollars ($15.000). No 
application may be considered by the Department 
until this fee js paid. 

(b) If during the course of the review, either the 
Department or the Attorney General determines 
that the application is of such a complex nature 
that expertise from outside the Department needs 
to be engaged in order to arrive at a decision, the 
applicants will be required to provide the neces- 
sary funds for the Department or the Attorney 
General or both to contract with appropriate 
consultants to investigate the impact of the pro- 
posed action. Any such additional payment is 
limited to the difference between the amount of the 
fee submitted with the application and fifteen 
thousand dollars ($15.000). 

(c) Failure by the applicants to pay an additional 
fee as determined by Paragraph (b) of this Rule 
will result in the denial of the application. 

Statutory Authority G.S. 131E-192.il. 

.6003 FILING FEE - PERIODIC REPORTS 

(a) Required biennial reports from holders of 
Certificates of Public Advantage shall be submitted 
to the Department on or before the anniversary 
date of the Certificate and shall be accompanied by 
a filing fee of five hundred dollars ($500) to offset 
the cost of reviewing and maintaining the report. 

(b) The Department may assess an additional fee 
not to exceed two thousand dollars ($2.000). such 
fee to reflect costs of investigating and assessing 
the continued advantage of having the Certificate 
in place and the holder's compliance with condi- 
tions imposed by the Certificate. Costs to be 
included in calculating the additional fee include. 
but are not limited to, the time of employees of the 
Department and the Attorney General in reviewing 
the report, costs of any consultant contracts or 
reports or data purchased for the purpose of 
conducting the review, and costs of telephone 
calls, mailings, clerical support and other office 
expenditure made in support of the review process. 



(c) Failure by the holder to pay the assessed 
filing fees will result in the loss of the Certificate 
of Public Advantage. 

Statutory Authority G.S. 131E-192.il. 

,6004 PUBLIC HEARING 

Within 45 days of the receipt of an application 
for a Certificate of Public Advantage the Depart- 
ment shall hold a public hearing which will afford 
the right to any citizen to express his or her views 
regarding the application. There shall be notice of 
the hearing published in at least one newspaper of 
general circulation serving the geographic area 
affected not less than 10 days prior to the hearing. 

Statutory Authority G.S 131E-192.il. 

TITLE 13 - DEPARTMENT OF 
LABOR 

ISotice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Department of 
Labor intends to amend rule cited as 13 NCAC 7E 
.0101 , with changes from the proposed text noticed 
in the Register, Volume 8, Issue 2, pages 892 - 
893. 

1 he proposed effective date of this action is 
February 1, 1994. 

MXeason for Proposed Action: There is a need for 
a new level of training within 29 CER 1910. 120 - 
Hazardous Wiste Operations and Emergency 
Response, for protection of the public from threat 
of environmental harm and property or bodily 
injury. 

L^omment Procedures: Written comments will be 
accepted until December 15, 1993. Direct all 
correspondence to Jill F. Cramer, NCDOL/OSHA , 
413 N. Salisbury Street. Raleigh, NC 27603-5942. 

Hiditor's Note: An agency may not adopt a rule 
that differs substantially from the text of a pro- 
posed rule published in the Register , unless the 
agency publishes the text of the proposed different 
rule and accepts comments on the nen' text for at 
least 30 days after the publication of the new text. 

CHAPTER 7 - OFFICE OF 
OCCUPATIONAL SAFETY AND HEALTH 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



1523 



PROPOSED RULES 



SUBCHAPTER TF - STANDARDS 

SECTION .0100 - GENERAL INDUSTRY 
STANDARDS 

.0101 GENERAL INDUSTRY 

(a) The provisions for the Occupational Safety 
and Health Standards for General Industry, Title 
29 of the Code of Federal Regulations Part 1910, 
are adopted by reference except that within Sub- 
part H - Hazardous Materials, 29 CFR 1910.120, 
Hazardous waste operations and emergency re- 
sponse, 29 CFR 1910.120{q){6) is amended by 
adding a new level of training: 

"(vi) First responJer operations plus 
level. Thi c lev e l of training i s for public 
s ector fir e fighters responding to hazardous 
substanc e s — emergenci e s — involving — only 
gasolin e , dies e l fu e l, or liquid propane ga s 
(LPG) wh e r e the situation r e quir e s more 
than the defensiv e action s allow e d fir s t 
respond e r s at operations l e v e l (i.e. plug 
ging/patching a fuel tank or shutting LPG 
valve s at roadsid e e m e rgencies). First 
responders at operations plus level are 
individuals who respond to hydrocarbon 
fuel tank leaks where the leaking tanks 
contain a hydrocarbon fuel which is used 
to propel the vehicle on which the tank is 
located. Only those vehicles designed for 
highway use or those used for industrial, 
agricultural or construction purposes are 
covered . First responders at the opera- 
tions plus level shall have received at least 
training equal to first responder operations 
level and, in addition, shall receive train- 
ing or have had sufficient experience to 
objectively demonstrate competency in the 
following areas and the employer shall so 
certify: 

(A) Know how to select and use proper 
specialized personal protective equip- 
ment provided to the first responder at 
operations plus level; 

(B) Understand basic hazardous materials 
terms as they pertain to hydrocarbon 
fuels; 

(C) Understand hazard and risk assess- 
ment techniques that pertain to gaso- 
line, diesel fuel, and LPG; propane 
and other hydrocarbon fuels; 

(D) Be able to perform control, contain- 
ment, and/or confinement operations 
for gasoline, diesel fuel, and LPG 
propane and other hydrocarbon fuels 



within the capabilities of the available 
resources and personal protective 
equipment; and 
(E) Understand and know how to imple- 
ment decontamination procedures for 
hydrocarbon fuels." 

(b) The parts of the Code of Federal Regulations 
incorporated by reference in this Subchapter shall 
not automatically include any subsequent amend- 
ments thereto, except as follows: 

(1) Subpart J — General Environmental 
Controls — typographical and clarifying 
corrections at 1910.146, Permit- Re- 
quired Confined Spaces, published in 
58 FR (June 29, 1993) pages 34844 - 
34851 and adopted by the North Caroli- 
na Department of Labor on September 
24, 1993; corrections are to final rule 
for Permit-Required Confined Spaces as 
originally published in 58 FR 4462 
(January 14, 1993). 

(2) Subpart Z — Toxic and Hazardous 
Substances: 

(A) Revocation of exposure limits in 
"Final rule limits" columns of Table 
Z-l-A at 1910.1000, Air Contami- 
nants, published in 58 FR (June 30, 
1993) pages 35338 - 35351 and adopt- 
ed by the North Carolina Department 
of Labor on September 24, 1993. 

(B) Typographical and technical correc- 
tions at 1910.1027, Cadmium, pub- 
lished in 58 FR (April 23, 1993) 
pages 21778 - 21787 and adopted by 
the North Carolina Department of 
Labor on September 24, 1993; correc- 
tions are to final rule for Occupational 
Exposure to Cadmium as originally 
published in 57 FR 42101 (September 
14, 1992). 

(c) Copies of the applicable Code of Federal 
Regulations sections referred to in this Subchapter 
are available to the public. Please refer to 13 
NCAC 7 A. 0302 for the costs involved and from 
whom copies may be obtained. 

Statutory Authority G.S. 95-131: 95-133; 150B- 
21.6. 



1524 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



PROPOSED RULES 



TITLE ISA - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 



ISotice is hereby given in accordance with G.S. 
150B-21.2 that the Environment, Health, and 
Natural Resources - Vital Records Section intends 
to amend rules cited as 15A NCAC 19H . 0702 and 
.0903. 

1 he proposed effective date of this action is 
February 1, 1994. 

1 he public hearing will be conducted at 2:00 
p.m. on December 1 , 1993 at the Norton Board 
Room, Cooper Memorial Building, 6th Floor, 225 
N. McDowell Street, Raleigh, NC 27602. 

LVeason for Proposed Action: 
ISA NCAC 19H .0702 - This amendment is neces- 
sary to further clarify the existing rule. 
ISA NCAC 19H .0903 - This amendment is neces- 
sary to further clarify the existing rule. The RVS 
birth index system's capability to consistently 
designate changed or corrected records as amend- 
ed has been tested and verified. Therefore, the 
statement which was eliminated during the last 
amendment should be included in the rule. 

X^ominent Procedures: Individuals requiring 
information concerning or copies of the proposed 
rules should contact: Jan Ellington, P.O. Box 
29537, Raleigh, NC 27626-0537, Tel: (919) 733- 
3000. Written comments may be sent to Ms. 
Ellington at the above address or submitted at the 
public hearing. Those desiring to speak at the 
hearing should contact John P. Barkley at (919) 
733-4618. Persons who call in advance of the 
hearing will be given priority on the speaker's list. 
All written comments must be received by Decem- 
ber 15, 1993. 

CHAPTER 19 - HEALTH: 
EPIDEMIOLOGY 

SUBCHAPTER 19H - VITAL 
RECORDS 

SECTION .0700 - FEES 
AND REFUNDS 



.0702 RESEARCH REQUESTS 

(a) The State Registrar may permit the use of 
data from vital records for research purposes. The 
State Registrar shall require the applicant to 
specify in writing the conditions under which the 
records or data will be used, the purpose of the 
research, the research protocol, and such other 
data as may be deemed necessary by the State 
Registrar. 

(b) The State Registrar may determine fees 
charged for preparing, searching or providing 
information from, or non-certified copies of the 
vital records based on the estimated cost of render- 
ing the service. An hourly rate or charge per 
name searched may be imposed. The fee shall not 
exceed ten dollars ($10.00) per name searched. If 
expedited service is specifically requested, an 
additional fee of ten dollars ($10.00), in addition 
to all shipping and commercial charges, shall be 
charged in accordance with G.S. 130A-93. 1(a)(2). 

(c) Vital records or data provided under this 
Rule shall be used for the purposes described in 
the application. 

Statutory Authority G.S 130A-92(7); 130A-93. 

SECTION .0900 - CORRECTIONS 
AND AMENDMENTS 

.0903 CORRECTIONS REQUIRING 
PROOF 

The following items may be corrected upon 
written request on forms prescribed by the State 
Registrar properly notarized and signed by the 
registrant if of legal age or by one or both parents 
or guardians of a minor child provided that the 
request is supported by at least one piece of 
documentary evidence: 

(1) state of birth (deaths), 

(2) birthplace of parents (births), 

(3) county of birth, 

(4) spelling of given names of child (births) 
after four years of birth, 

(5) spelling of father's or mother's name, 

(6) age of parents, 

(7) sex of child if incorrectly recorded, 

(8) date of birth, and 

(9) hour of birth. 

For these corrections, except sex of child and hour 
of birth, the certificates shall be marked "amend- 
ed" as shall certified copies subsequently issued. 
All available evidence including any which might 
not have been submitted by the applicant shall be 
evaluated by the State Registrar. The existence of 
inconsistent or conflicting evidence may be consid- 



8:16 



NORTH CAROLINA REGISTER 



November IS, 1993 



IS2S 



PROPOSED RULES 



ered cause for denying any request for correction 
in which case the applicant shall be duly advised. 

Statutory Authority G.S. 130A-92(7). 

TITLE 21 - OCCUPATIONAL 
LICENSING BOARDS 

l\otice is hereby' given in accordance with G.S. 
150B-21.2 that the N.C. State Board of Cosmetic 
Art Examiners intends to amend rule cited as 21 
NCAC 14H .0019. 

1 he proposed effective date of this action is 
February J. 1994. 

Instructions on How to Demand a Public Hearing 
(must be requested in writing within 15 days of 
notice): Anyone wishing to detnand a public hear- 
ing may contact Vicky Goudie, Executive Secre- 
tary, N. C. State Board of Cosmetic Art Examiners, 
1110 Navaho Drive. Raleigh, N.C. 27609, (919) 
850-2793. This demand must be in writing and 
received by December 15, 1993. 

MXeason for Proposed Action: Tins Rule became 
effective prior to ratification of SB 463, (c) and (e) 
changes, and the Board felt that 14H .0019 (b) 
creates an unnecessary hardship on shops and 
schools, since the bill covers adequate require- 
ments. 

(comment Procedures: Written comments regard- 
ing this rule should he mailed or delivered to Vicky 
Goudie, Executive Secretary, N. C State Board of 
Cosmetic Art Examiners, 1110 Navaho Drive, 
Raleigh, N.C. 27609. Conunents must be received 
no later than December 15. 1993. 

CHAPTER 14 - BOARD OF 
COSMETIC ART EXAMINERS 

SUBCHAPTER 14H - SANITATION 

.0019 NOTICE TO BOARD 

fa) Each cosmetologist, apprentice cosmetolo- 
gist, manicurist, cosmetology teacher, and mani- 
curist teacher shall notify the Board within 10 days 
of each change in the licensee's residence or place 
of business. Notice shall be given in one of the 
following ways: 

( 1 ) by depositing written notice in the United 



States mail with the correct address and 
postage; 

(2) by personally delivering written notice to 
the Board's offices; 

(3) by telephone or fax transmission (fol- 
lowed by written notice that must be 
actually received in the Board's office 
within 30 days of the change). 

{b) — Each beauty e s tablishment shall notify' the 
Board within 10 days of the day any person li 
cen s ed by the Board cither begins work or ceases 
work in that beauty establi s hment. — Notice may be 
given in any of the ways listed in Paragraph (a) of 
thi s Rule. 

Statutory Authority G. S 88-23; 88-29. 

iS otice is hereby given in accordance with G.S. 
150B-21.2 that the State Board of Refrigeration 
Examiners intends to adopt rule cited as 21 NCAC 
60 .0210. 

1 he proposed effective date of this action is 
February 1. 1994. 

1 he public hearing will be conducted at 4:00 
p.m. on December 10, 1993 at 3716 National 
Drive, Suite 120, Raleigh, N. C 27612. 

Ixeason for Proposed Action: Requires technician 
certification for contractors and technicians who 
handle refrigerants. 

(comment Procedures: All interested parties in 
this matter are invited to attend the public hearing. 
The State Board of Refrigeration Examiners will 
receive written comments postmarked no later than 
12/15/93. More information may be obtained by 
contacting the Board Office, P.O. Box 30693. 
Raleigh. N.C. 27622. (919) 781-1602. 

CHAPTER 60 - BOARD OF 
REFRIGERATION EXAMINERS 

SECTION .0200 - EXAMINATIONS 

.0210 CERTIFICATION REQUIREMENTS 
OF EPA; AUTHORITl TO ISSUE 
LICENSES 

(a) Pursuant to the Federal Clean Air Act of 



1526 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



PROPOSED RULES 



1990 and regulations adopted by the EPA as 
authorized by the Act all licensed refrigeration 
contractors and technicians as defined in 40 CFR 
82. 161 who handle refrigerants as stated in the Act 
and regulations must be certified by an EPA- 
Approved Technician's Certification Program 
effective November 14. 1994. 

(h) The State Board of Refrigeration Examiners 
is authorized by OS^ 87-52 and G.S. 87-54 to 
issue a license or certification to contractors and 
technicians who can document successful comple- 
tion of an EPA-Approved Course and Examina- 
tion. The Board js further authorized to charge 
refrigeration contractors and technicians a reason- 
able cost for the issuance of any such license or 
certification. 

Statutory Authority G.S. 87-52; 87-54; 87-58. 

TITLE 23 - COMMUNITY 
COLLEGES 

ISotice is hereby given in accordance with G.S. 
150B-21.2that the N. C. Department of Community 
Colleges intends to amend rules cited as 23 NCAC 
2D . 0202 - . 0203, . 0325 - . 0326 and 2E . 0402. 

1 he proposed effective date of this action is April 
1, 1994. 

Ihe public hearing will be conducted at 10:00 
a.m. on December 9, 1993 at the Caswell Build- 
ing, Room 176, 200 W Jones Street, Raleigh, NC 
27603. 

Keason for Proposed Action; 

23 NCAC 2D .0202 - .0203 - To revise tuition 
refund provisions. 

23 NCAC 2D .0325 - .0326 - To incorpomte 
changes resulting from action of the 1993 General 
Assembly concerning course repetition, in-plant 
training course offerings, and courses provided for 
clients of sheltered workshops. 
23 NCAC 2E .0402 - To incorpomte changes 
resulting from action of the 1993 General Assem- 
bly concerning approval for in-plant training 
courses. 

(comment Procedures; Interested persons may 
present statements either orally or in writing at the 
public hearing; or by mail on or before December 
17. 1993 addressed to; Dn Bill Cole. Department 



of Community Colleges, 200 W Jones St. , Raleigh 
NC 27603. 

tLditor's Note: TJiese Rules were filed as tempo- 
rary amendments effective November 1, 1993 for 
a period of 180 days or until the permanent rule 
becomes effective, whichever is sooner. 

CHAPTER 2 - COMMUNITY 
COLLEGES 

SUBCHAPTER 2D - COMMUNITY 
COLLEGES: FISCAL AFFAIRS 

SECTION .0200 - STANDARD 
STUDENT FEES 

.0202 CURRICULUM 

(a) Tuition. 

(1) Student Residence Classification. The 
classification of students for tuition 
purposes shall be made pursuant to 
G.S. 116-143.1 

(2) Tuition Rates In-State. 

(A) A general and uniform tuition rate is 
established by the State Board as set 
by the Legislature for full-time curric- 
ulum students per quarter for North 
Carolina residents. 

(B) A North Carolina resident who is a 
part-time student shall pay a per 
credit hour rate for curriculum in- 
struction, as established by the State 
Board, for such tuition in any quarter 
as set by the Legislature. 

(3) Learning Laboratory. No tuition fees 
charged. 

(4) Tuition Creditable Upon Transfer of 
Student. When a student has paid the 
required tuition at a college and is 
given permission to transfer to another 
college within the system during the 
academic quarter for which the tuition 
was paid, the college from which the 
student transfers shall issue to him a 
statement certifying the amounts of 
tuition that have been paid, and the 
college to which he is transferring shall 
accept such certificate in lieu of requir- 
ing payment again. [Also, see 23 
NCAC 2D .0323(b)(2) which provides 
information regarding reporting student 
hours in membership.] 

(5) Tuition Student Enrolled in More Than 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



1527 



PROPOSED RULES 



One College. Where a student desires 
to enroll for the same quarter at two or 
more colleges of the system, the total 
amount of tuition and fees may be paid 
to the student's "home" college. 
"Home" college is defined as the col- 
lege which the student initially registers 
for classes. The home college shall, in 
that case, assume responsibility for 
arranging with the other college or 
colleges for enrolling the student in 
appropriate classes without further 
charge. Such arrangement shall be 
made by exchange of letters between 
the colleges involved. Student member- 
ship hours for instnaction received 
shall, in any event, be reported by the 
college in which the respective instruc- 
tion occurred. 

(6) Tuition Rates Out-of-State. 

(A) Any full-time curriculum student who 
is an out-of-state resident shall pay 
tuition fees as established by the State 
Board for each quarter as set by the 
Legislature. 

(B) An out-of-state resident who is a 
part-time student shall pay a per 
credit hour rate for curriculum in- 
struction as established by the State 
Board as set by the Legislature. 

(7) Tuition Exemptions. 

(A) Individuals taking courses in the 
categories set forth in G.S. 1 15D-5(b) 
shall be exempt from tuition. 

(B) College Staff Members. Full-time 
college staff members may enroll in 
one curriculum or extension course 
per quarter in the system without 
payment of tuition. 

(C) Basic Law Enforcement Training 
Program (BLET) for law enforcement 
officers. All law enforcement officers 
employed by a municipal, county, 
state, or federal law enforcement 
agency when taking courses in a 
state- mandated BLET training pro- 
gram, are exempt from tuition pay- 
ment. Also, trainees may be exempt 
from BLET class tuition if a letter of 
sponsorship from an appropriate law 
enforcement agency is on file at the 
college. 

(b) Pre-EnroUment Deposit. When a prospec- 
tive student has made application for admission 
and has been accepted, the student may be re- 



quired to pay an advance deposit up to a maximum 
of fifteen dollars ($15.00). This advance payment 
is not refundable unless covered by the refund 
policy stated in Subparagraph (e) (1) of this Rule. 
This advance payment shall be deposited to the 
State Treasurer and credited against the full tuition 
due from the student during the regular registration 
period. 

(c) Late Enrollment Fee. A late enrollment fee 
up to five dollars ($5.00) may be charged curricu- 
lum students registering after the specific closing 
date of regi s tration s registration , with such fees 
becoming state funds. 

(d) Student Activity Fee. Colleges may estab- 
lish a student activity fee which may include a 
parking fee or a scheduled vehicle registration fee. 
However, students shall not be assessed a parking 
fee, a vehicle registration fee, or a similar fee in 
addition to the established student activity fee. 
The maximum amount charged for the student 
activity fee shall not exceed twenty-eight dollars 
($28.00) per student per fiscal year. Funds de- 
rived from collection of a student activity fee shall 
be accounted for and expended under standing 
procedures and regulations adopted by the local 
governing board of the college. Any expenditure 
from the fund must directly benefit students. 

(e) Tuition Refunds. 

(1) A refund shall not be made except 
under the following circumstances: 

(A) A f»tt 75 percent refund may be made 
upon request of the student if the 
student officially withdraws from the 
class(es) prior to or on the official 20 
percent point of the class(es) or the 20 
percent point of the quarter if the 
student officially withdraws from the 
college. At the time the student 
officially withdraws under this policy, 
the college shall notify the student of 
the right to receive the refund. Re- 
quests for refunds will not be consid- 
ered after the 20 percent point. 

(B) For classes beginning at times other 
than at the beginning of the quarter, 
the same provisions set forth in Part 
(1)(A) of this Paragraph apply. For 
contact hour classes 10 calendar days 
from the first day of the class(es) is 
the determination date. 

(2) To comply with applicable federal 
regulations regarding refunds to indi- 
viduals or groups, federal regulations 
will supersede the state refund regula- 
tions stated in this Rule. 



1528 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



PROPOSED RULES 



(3) Where a student, having paid the re- 
quired tuition for a quarter, dies during 
that quarter (prior to or on the last day 
of examinations of the college the 
student was attending), all tuition and 
fees for that quarter may be refunded to 
the estate of the deceased. 



Statutory Authority G. S. 
116-143.1; P. L. 93-508. 



USDS: 115D-54: 



.0203 EXTENSION PROGRAMS 

(a) Registration fees for Non-Curriculum Exten- 
sion Instruction. For purposes of administration of 
this Rule, non-curriculum extension instruction 
means all instruction organized, supervised, or 
delivered outside the regular curriculum programs 
offered by the college. 

(1) A registration fee, as established by the 
State Board, as set by the Legislature 
shall be charged for each occupational 
extension class. 

(2) Each local board is delegated the re- 
sponsibility to establish registration fees 
for Community Service Programs (aca- 
demic, practical skills, avocational, and 
cultural/civic activities). 

(3) All recreational courses must be 
self-supporting. Colleges are required 
to collect and deposit to a local account 
fees and other contributions to support 
entirely the costs of all recreational 
extension courses taught during the 
school year. Also, note Paragraph (b) 
of Rule .0325 of this Subchapter re- 
garding the reporting of student mem- 
bership hours for this area. 

(4) A registration fee shall be charged for 
each extension class of 17 weeks or 
less. A registration fee shall be 
charged each 13 weeks for extension 
classes lasting longer than 17 weeks. 

(5) Registration Fee Exemptions: 

(A) Special Extension Training Programs. 
No fees of any kind shall be charged 
students enrolling for special exten- 
sion training programs set forth in 
G.S. 115D-5(b). 

(B) College Staff Members. Full-time 
college staff members may enroll in 
one extension or curriculum course 
per quarter in the system without 
registration fee or tuition charges. 

(b) Self-Supported Courses. A college shall 
have the authority to sponsor self-supporting 



courses, [see 23 NCAC 2E.0101], deposit income 
(if any) to a local account, and pay all expenses 
from such local account. Each student is required 
to pay a pro-rata share of the cost of a self- 
supporting class. Since the pro-rata share assumed 
is not considered a registration fee, no individual 
or group is exempt under G.S. 115D-5(b) from 
paying a proportional share of the identified cost 
of the class. 

(c) Driver Education. Colleges are required to 
collect a student fee as established by the local 
board of trustees for the adult driver education 
training course offered through the community 
service program. 

(d) Registration Fee Refunds. A refund shall 
not be made except under the following circum- 
stances: 

(1) For classes that are scheduled to meet 
four times or less, a fuW 75 percent 
refund shall be made upon the request 
of the student if the student officially 
withdraws from the class(es) prior to or 
on the first day of the class(es). 

(2) For classes that are scheduled to meet 
five or more times, a fett 75 percent 
refund shall be made upon the request 
of the student if the student officially 
withdraws from the class(es) prior to or 
m on the official 20 percent point of the 
class(es). Requests for refunds will not 
be considered after the 20 percent 
point. 

(3) For classes beginning at times other 
than at the beginning of the quarter, 
applicable provisions as noted in 
Subparagraphs (d)(1) and (2) of this 
Rule apply. For contact hour classes 
10 calendar days from the first day of 
the class(es) is the determination date. 

(4) At the time of official withdrawal under 
this policy, the college shall notify the 
student of the right to receive a refund. 

Statutory Authority G.S. 115D-1; 115D-5. 

SECTION .0300 - BUDGETING: 
ACCOUNTING: FISCAL MANAGEMENT 

.0325 LIMITATION IN REPORTEVG 

STUDENT MEMBERSfflP HOURS 

(a) Student hours may not be reported for 
budget/FTE which result from: 

(1) Conferences or visits. General types of 
meetings usually of one or more day's 
duration, attended by a fairly large 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



1529 



PROPOSED RULES 



number of people. A conference or 
visit may have a central theme, but is 
loosely structured to cover a wide range 
of topics. The emphasis is on prepared 
presentations b\' authoritati\e speakers, 
although division into small group 
sessions for discussion purposes is often 
a related activity. 

(2) Seminars or Meetings. A small group 
of people meeting primarily for discus- 
sion under the direction of a leader or 
resource person or persons. Seminars 
and meetings are generally one-time 
offerings even though they may contin- 
ue for more than one day. 

(3) Programs of a service nature rather 
than instructional classes. 

(4) Enrollment of high school students not 
in compliance with 23 NCAC 2C .0301 
and 2C .0305. 

(5) Unsupervised classes. 

(6) Proficiency or challenge exams except 
that the actual time required to take the 
exam may be counted in membership; 
students must be registered in the class 
consistent with Paragraph (a) of Rules 
.0202 and .0203 of this Subchapter. 

(7) Homework assignments. 

(8) Inter-institutional or intramural sports 
activities including those of prison 
inmates. 

19] Effective July 1, 1993, no budget/FTE 
shall be generated by occupational 
extension students after their first 
repetition of an occupational extension 
course. Students who take an 

occupational extension course more 
than twice within a five-year period 
shall pay their cost for the course based 
on the amount of funds generated by a 
student membership hour for 
occupational extension multiplied by the 
number of actual hours the class |s to 
be taught. These students will not 

funds 



generate budget/FTE. 



The 



collected from these students will be 

used by the colleges to offer additional 

educational programs. 

(A) A statement on occupational extension 

course repetitions consistent v.ith the 

requirements of this Rule shall be 

included in college advertisements. 

schedules and catalogs. Students shall 

be notified during registration that 

they will be charged the ful] cost of 



mi 



i£l 



courses which they ha\'e taken twice 
within a fi\'e-year period and in which 
they wish to enroll. Students shall be 
primarily responsible for monitoring 
course repetitions: howe\er. the 
colleges shall re\'iew records and 
charge students full cost for courses 
taken more than twice. 
Senior citizens who are legal residents 
of North Carolina and who v>'ish to 
enroll in an occupational extension 
course, will not be required to pay for 
taking the course twice. Senior 
citizens who take an occupational 
extension course more than twice 
within a five-year period shall pay 
their cost for the course based on the 
amount of funds generated by a 
student membership hour for 
occupational extension multiplied by 
the number of actual hours the class js 
to be taught. These senior citizens 
will not generate budget/FTE. The 
funds collected from these senior 
citizens will be used by the colleges 
to offer additional educational 
programs. 

Students ma\' repeat occupational 
extension courses more than once if 
the repetitions are required for 
certification , 1 icens u re, or 
recertification. The colleges shall 
submit annual reports to the State 
Board of Community Colleges naming 
the students and the certification. 
licensure or recertification 
that 



requirements 
repetition. 



necessitated the 



(b) Self-supporting classes are not to be reported 
for regular budget purposes (those classes support- 
ed by student fees or a class in which instruction 
is provided gratis); all recreational extension 
classes fall in this category'. 

(c) Occupational extension instruction isay shall 
not be offered in sheltered workshops and adult 
developmental activity centers (ADAP) except 
sheltered v.'orkshops and adult de\'elopment activ'ity 
centers (ADAP) may contract with the communit\' 
college to pro\ide occupational extension courses 
on a self-supporting basis. pro\idcd: 

■(4-) In s truction inxolvos the doxelopmont of 

a job skill dependent on equipment or 
processes — ifl — the — work — environment 
which are not available through college 
facilities. — The purpose of occupational 



1530 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



PROPOSED RULES 



^ 



) 



) 



extension — instruction — m — a — s heltered 
workshop/ ADAP — is — te — teach — funda - 
mental — skills. The — achievement — ef 

production or performance — standard s 
established by the sheltered worlcshop 
or ADAP center is not a goal of the s e 
courses. — The instruction provided shall 
set — duplicate — er — supplant — existing 
training provided by the worlcshop or 
ADAP center. — Occupational extension 

courses offered at sheltered 

workshops/ ADAP' s — me/f — be — made 

available to clients on a two tier basis 

as follows: 

{A^ — Pre vocational — Education . 

Standardized — eour3c(s) — designed — te 

provide students with job skills which 

could be applied in a variety of job 

settings. Tlie course(s) do not include 

training — which — involves — on the job 

production — ner — de — the — course(s) 

duplicate the instruction provided in 

the compensatory education program. 

fB) — On the job training. Instruction is 

designed — te — deal — with — content and 
skills — which — prepare — students — fer 
production work. — On the job training 
is — occupationally — specific — aed — is 
designed to permit clients to apply 
occupational skills learned in a work 
place setting. — The on the job training 

cour3C(3) — ai=e — designed by — the 

college s . 

f3) Content — of a sheltered — Vt'orlcshop or 

ADAP course is based on an analysis of 
the job for which training is offered. 
The job analysis s hall designate each 
separate ta s k within a job and assign a 
number of hours required to teach each 
separate task. 

{^ Instruction offered is not repetitive or 

recurring to the same clients within the 

organization. Sheltered workshop or 

ADAP clients shall not be enrolled for 
more than 660 hours during a 12 month 

period. (Tlie 12 month period will 

begin at the start of the initial training. 
The initial training period begins Fall 

Quarter, — 1992.) Exces s ive — student 

repeats — of the same — course — afe — net 
appropriate and cannot be funded with 
state funds. — No course may be tolccn 
more than four times. — A given course 
may not be scheduled for more than 
330 hours. 



i4j Instruction provided deals with content 

and skills which prepare students for 

production work. Instruction which 

involves — production — enly — cannot — be 
counted for FTE purposes. 

iSj During the time the course is offered, 

instructors — shaH — net — engage — m — any 
administrative, — supervisory, — or opera 
tional functions of the organization for 
which the course is being offered, 
(d) All occupational extension courses offered in 
sheltered vt'orkshop or ADAP settings must be 
submitted to the board of trustees for approval. 
The course outline and a fiscal plan for operating 
each course shall be approved by the board of 
trustees. — If approval is not given, no budgct/FTE 
shall be reported for that course. 

ie) Community — colleges — wiH — eafn — regular 

budgct/FTE if the college employs the instructor 
If the college contracts and pays the s heltered 
workshop — er — ADAP — center — te — provide — the 
instruction, — funding — wtH — be — provided — as — per 
contract cost plus fifteen percent of that amount 
for administrative expense. 

(d) Educational programs offered in a 

correctional department setting shall report full- 
time equivalent (FTE) student hours on the basis 
of contact hours. 

Statutory Authority G.S. 115D-5. 

.0326 BUDGET FTE FUNDEVG 

(a) All student membership hours generated by 
the college for a given class shall be counted for 
budget FTE purposes provided when 100 percent 
of the instructional cost hours delivered are is paid 
from college funds (funds budgeted through the 
college's budget including State Current, County 
Current, or College Funds) shall be counted for 
budgct/FTE purpose s . — Refer to Paragraph (c) of 
this — Rule . These provisions apply to all 
instructional contracts which generate budget FTE 
including Basic Skills classes. For purpose of this 
Rule, instructional cost includes the salary of the 
instructor(s) as well as fringe benefits, supplies, 
materials, travel, etc. paid from college funds. 
College-sponsored instruction shall not supplant 
existing training which may take place without the 
college's involvement. Following are Rule 

applications of this Rule : 

{ij For a given class, if the salary paid to 

an inatructorCs) include both college 
funds and funds from source s which are 
set — budgeted — through — the — college' s 
budget, s tudent hours in membership 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



1531 



PROPOSED RULES 



reported for the class will be promtc?d 
in the same proportion as the college 
funding. 

(1) A company or entity may reimburse 
the college for a given class up to 50 
percent of the instructional cost and the 
student hours in membership generated 
in the class may be reported for budget 
FTE. If the college is reimbursed for 
more than 50 percent of the 
instructional cost for a given class, 
student hours in membership reported 
for the class will be prorated in the 
same proportion as the college funding. 
If the college is reimbursed for 100 
percent of the instructional cost, the 
class would be gratis [see Paragraph (b) 
of this Rule1 and no budget FTE would 
be generated. 

f33 If a company or agency donates funds 

to a college or pay s the college for th e 
in s truction delivered, these funds may, 
consistent with the definition of college 
fimds. be used to s upport classes and 
generate budget/ FTE. 

(2) In cases where a company or entity 
donates funds to a college with no 
expectation for instruction in return, 
these funds shall be treated as college 
funds and may be used to generate 
budget FTE. 

0^ For a clas s — that — involves — a contract 

resulting in a separate, additional entity 

being contracted te deliver the 

instruction (third party contract) or for 
a cla ss which the college contracts and 
pays a company to deliver in s truction to 
its — employee s , — this — college — shall — net 
supplant existing training which may be 
taking — place — without — the — colleg e ' s 
involvement. 

(3) f4) The community college shall not 
contract with a company /entity or other 
entity to provide training to its current 
employees except as provided by 
provisions which — generates — regular 
budget/ FTE. — The college may contract 

afld pay a company (excluding 

individuals — wh« — ai=e — identified — as 
trainer s — ef — individual s — whe — have 
training — responsibilities — as — a — part of 
their — regular — j©fe — requirements) — te 
deliver instruction. — If thi s provision is 

applied, the college would be 

reimbursed at a rate of the cost of the 



contract — pkts — fifteen — percent — fef 
administrative overhead consistent with 
the provision s for in plant contracted 
training set forth in 23 NCAC 2E 
.0402fe). 

(b) Any class for which the instructor's services 
are provided at no cost or for which the 
in s tructor's salary' instructional cost is paid totally 
and or directly by an external agency is a "gratis" 
class. In this situation, the class is reported as 
self-supporting, and does not generate budget/FTE. 
If a portion of the class is gratis, student hours 
shall be reported prorated accordingly, consistent 
with Subparagraph (a)(1) of this Rule. 

(c) Categorical state allotments to colleges 
(except literacy) such as Human Resources Devel- 
opment, Small Business, Focused Industrial Train- 
ing, Community Service Block Grants, etc.. do not 
earn budget/FTE and are not subject to the provi- 
sions of this Rule. Regular budget extension funds 
excluding adult high school may be used in human 
resources development programs when the special 
allocations for these purposes are obligated and, in 
this event, shall earn budget/FTE. Al s o, note 23 
NCAC — 3E — .0602 — which — provides — specific 
information — regarding — individual — instructional 
contracts. 

(d) Student class hours for class-size projects in 
which instructional salaries are funded by Title II 
of the Job Training Partnership Act (JTPA) shall 
not receive full FTE funding, but shall receive 
administrative cost reimbursement. 



Statutory- Authority 
115D-58.5. 



G.S. 115D-5: 115D-31: 



SUBCHAPTER 2E - EDUCATIONAL 
PROGRAMS 

SECTION .0400 - INDUSTRIAL 
SER'VICES 

.0402 PROVISION OF EV-PLANT 
SKILL TRAINING 

(a) Chapter I15D of the General Statutes of 
North Carolina authorizes the college to conduct 
in-plant courses to assist manufacturing, service, 
and/or governmental organizations with in-service 
training of their employees. The goal of in-plant 
training is the development of skilled workers, 
such that the people of the state may benefit in 
common by the attraction of more industries to the 
state and the maintenance of existing industries. 
In plant training — is defined as an occupational 
exten s ion — course — that — meets — the — following 



1532 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



PROPOSED RULES 



1 



) 



) 



oonditions: An in-plant training course must 
provide a greater benefit to the public than it 
provides to the private company. In-plant training 
courses supported with public funds must meet the 
following conditions: 

(1) Training courses shall be available to 
all local companies, not just to a select 
few. 

(2) f4^ Training shall occur in the facilities 
or at the sites in which the organization 
company normally operates. 

(3) (3) Enrollment shall be limited to the 
employees of the organization company 
in which the training occurs; trainees 
may be newly-hired employees who 
need entry level skills or existing 
employees who, due to documented 
changes in the job content, need 
up-grading or retraining . 

(4) (^ Training shall be conducted at the 
employee's assigned work station 
during normal working hours. 

(5) f4) Training shall be directly related to 
job skills. Skills taught in the course 
shall be transferable to work in other 
companies involved in the same or 
similar areas of industry, such that the 
benefit to the public is the development 
of a skilled workforce, and not merely 
the training of a private company's 
employees. 

(6) Training shall prepare new or current 
employees to apply new technology, 
new equipment, or new processes. 
Training shall not be used to refine 
skills already possessed. 

(7) Courses shall not subsidize private 
companies. A course in which a 
company is reimbursed for the cost of 
providing an employee to conduct the 
training constitutes a subsidy, and shall 
not be acceptable without a finding of 
special circumstances. Special 
circumstances consist of, but are not 
limited to the following: 

(A) A qualified outside instructor is not 
available. 

(B) The best qualified and most 
convenient instructor is an employee 
of the company. 

(C) The company has processes about 
which it does not wish outsiders to 
obtain knowledge. 

(b) Colleges are encouraged to off'er in-plant 
courses in those situations where the development 



of job skills is dependent on equipment or 
processes in the work environment which cannot 
be rea s onably duplicated in a college setting. The 
purpose of an in-plant course is to teach the 
fundamental skills of a particular job. The 
achievement of production or performance 
standards established by the employer is not a goal 
of in-plant courses. The instruction provided shall 
not duplicate or supplant existing training. 

(c) A community college may offer in-plant 
training, as defined in this Rule, in the following 
ways: 

(1) The college may employ an instructor 
or enter into a third-party agreement as 
defined in 23 NCAC 2D .0326(a)(3). 
In this instance, the college will earn 
regular budget/FTE for the resulting 
student hours reported. 

(2) A college may contract with a company 
to provide the direct cost of 
replacement of an employee providing 
the actual training who is not hired by 
the company as a trainer, and who is 
released from regular work 
responsibilities during the time for 
which contracted to provide instruction. 
Replacement cost is defined as actual 
costs which were expended by the 
company to replace on a temporary 
basis the contracted employee from 
normal duties while providing 
instruction. In this situation the college 
may earn regular budget/FTE. 

(3) A college may contract with a company 
to provide indirect replacement cost. 
The cost, if this option is applied, will 
be the salary loss of production time to 
the company for the individual 
contracted to deliver the instruction. 
This individual must not be a regular 
trainer or have instructional 
responsibilities as a part of the regular 
job requirement. In this situation the 
college may earn the actual cost of the 
contract by determining, for the 
employee who is actually doing the 
instruction, an hourly wage rate for the 
instructor's normal job times the actual 
hours of instruction. This will be the 
contract cost, and the college will be 
reimbursed this cost plus \% 25 percent 
of the cost for delivery of in-plant 
instruction when contracted through a 
company. If the college provides the 
supplies and materials, these costs may 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



1533 



PROPOSED RULES 



be added to the instructional cost as a 
part of the contract. Supplies and 
materials are not to be included in the 
instructional cost plus 4-§ 25 percent 
calculation. Contracted instruction 
applying this option may neither exceed 
240 hours nor be provided on a 
repetitive basis. 

(d) Content of an in-plant course shall be based 
on an analysis of the job for which training is 
offered. TTie job analysis shall designate each 
separate task within a job and assign a number of 
hours required to teach each separate task. The 
college shall review each request for an in-plant 
training course and make a determination, using 
the conditions set forth in Paragraph (a) of this 
Rule, that the public's interest in providing the 
course to the company's employees js greater than 
the private benefit to the company. The course 
outline, which s hall includ e the operating costs, fef 
offering each course and a v.'ritten finding that this 
course's public interest is greater than the private 
benefit to the company shall be approved by the 
local board of trustees. This approved plan shall 
be forwarded to the department for resiew and 
recommendations to the State Board that all 
requirements have been met. The course will then 
be forwarded to the State Board of Community 
Colleges for approval. If approval is not gi\en by 
either the local board of trustees or the State Board 
of Community Colleges , no budget/FTE or 
contract reimbursement shall be reported for that 
course. 

(e) An in-plant course may be offered up to 240 
hours. No employes shall be trained for more 
than 440 hours during a 12-month period. (TTie 
12-month period will begin at the start of the 
initial training. The application of this provision 
will begin on or after the first day of Fall Quarter, 
1992.) 

(1) An in-plant course shall not be offered 
on a repetitive or recurring basis to the 
same employees within the same 
organization. An employee may not 
take a given course more than twice. 

(2) The college shall retain in its files a 
course outline and documentation 
substantiating each course. 

(f) An instructor of an in-plant course, whether 
an employee of the organization in which the 
course is offered or an employee of the sponsoring 
college, shall not, during hours of instruction, be 
in\olved in any activity other than instruction. An 
instructor shall not engage in any administrative. 
superN'ison,', or operational functions of the organi- 



zation in which a course is offered during those 
hours when he or she is partially or totally paid by 
the college. An appropriate official of the organi- 
zation in which the course is offered shall agree in 
writing to these conditions. 

Statutory Authority G.S. 115D-5. 



1534 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



LIST OF RULES CODIFIED 



The List of Rules Codified 


is a listing of rules that were filed with OAH in the month indicated. 


Key: 






Citation 


= 


Title. Chapter, Subchapter and Rule(s) 


AD 


= 


Adopt 


AM 


= 


Amend 


RP 


= 


Repeal 


With Chgs 


= 


Final text differs from proposed text 


Corr 


= 


Typographical errors or changes that requires no rulemaking 


Eff. Date 


= 


Date rule becomes effective 


Temp. Expires 




Rule was filed as a temporary rule and expires on this date or 180 days 



NORTH CAROLINA ADMINISTRATIVE CODE 



[TLE 


DEPARTMENT 


1 


Administration 


2 


Agriculture 


4 


Commerce 


10 


Human Resources 


11 


Insurance 


13 


Labor 


15A 


Environment, Health, 




and Natural Resources 


16 


Public Education 



SEPTEMBER 93 


TITLE 


DEPARTMENT 


19A 


Transportation 


20 


State Treasurer 


21 


Occupational Licensing Boards 




8 - CPA Examiners 




19 - Electrolysis 




32 - Medical Examiners 




34 - Mortuary Science 




46 - Pharmacy 




63 - Social Work 


23 


Community Colleges 



Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


1 NCAC 39 .0101 


/ 










10/01/93 




.0301 


/ 






/ 




10/01/93 




2 NCAC 20B .0102 -.0103 




/ 




/ 




10/01/93 




.0104 




/ 








10/01/93 




.0105 






/ 






10/01/93 




.0203 




/ 








10/01/93 




.0204 




/ 




/ 




10/01/93 




.0206 




/ 








10/01/93 




.0208 




/ 








10/01/93 







8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



1535 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


.0211 




/ 








10/01/93 




2 NCAC 20B .0214 




/ 








10/01/93 




.0216 




/ 








10/01/93 




.0218 




/ 




/ 




10/01/93 




.0220 




/ 








10/01/93 




.0225 




/ 








10/01/93 




.0301 




/ 








10/01/93 




.0411 




/ 








10/01/93 




.0413 




/ 








10/01/93 




.0414 






/ 






10/01/93 




.0426 




/ 








10/01/93 




48A .0611 




/ 








10/01/93 




48C .0005 




/ 








10/01/93 




.0017 




/ 








10/01/93 




.0020- .0021 




/ 








10/01/93 




.0023 




/ 








10/01/93 




.0024 




/ 




/ 




10/01/93 




52B .0502 




/ 




/ 




10/01/93 




4 NCAC 2S .0612 




/ 








09/24/93 


1 80 DA'i'S 


.0613 - .0616 


/ 










09/24/93 


180 DAYS 


10 NCAC 26B .0112 


/ 






/ 




10/01/93 




.0119 










/ 






.0121 










/ 






10 NCAC 26B .01 12 -.0124 
recodified to 

10 NCAC 26B .01 13 -.0125 












10/01/93 




41 R .0002 




/ 




/ 




10/01/93 




11 NCAC 10 .1208 


/ 










10/11/93 


180 DAYS 


12 .1304 




/ 








10/11/93 


180 DAYS 


.1306 - .1307 




/ 








10/11/93 


180 DAYS 


16 .0205 




/ 








10/01/93 




.0302 




/ 








10/01/93 




13 NCAC 7F .0101 




/ 








09/24/93 




.0201 




/ 








09/24/93 







€ 



f 



# 



1536 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


.0301 




/ 








09/24/93 




15A NCAC IK .0402 




/ 








10/01/93 




2H .0223 




/ 








09/13/93 


180 DAYS 


.0610 




/ 




/ 




10/01/93 




.1110 




/ 








10/01/93 




2L .0102 




/ 




/ 




10/01/93 




.0104 




/ 




/ 




10/01/93 




.0106 - .0107 




/ 




/ 




10/01/93 




.0109 




/ 




/ 




10/01/93 




.0110 




/ 








10/01/93 




.0111 - .0114 




/ 




/ 




10/01/93 




.0201 - .0202 




/ 




/ 




10/01/93 




31 .0001 




/ 








10/01/93 




3J .0401 




/ 








10/01/93 




3R .0011 




/ 




/ 




10/01/93 




6C .0417 




/ 








10/01/93 




7H .0203 




/ 








10/01/93 




.0205 - .0207 




/ 








10/01/93 




.1703 




/ 








10/01/93 




.2001 


/ 










10/01/93 




.2003 


/ 










10/01/93 




.2005 


/ 










10/01/93 




lOD .0002 




/ 








10/11/93 


1 80 DAYS 


13A .0001 




/ 








10/01/93 




.0009 




/ 








10/01/93 




.0018 


/ 






/ 




10/01/93 




13B .1601 




/ 








10/09/93 


180 DAYS 


18A .1022 




/ 








10/01/93 




.1323 




/ 








10/01/93 




.1522 




/ 








10/01/93 




.1620 




/ 








10/01/93 




.2218 




/ 








10/01/93 




.2537 




/ 








10/01/93 







8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



1537 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


.2609 




/ 








10/01/93 




ISA NCAC 18A .2807 




/ 








10/01/93 




.3006 




/ 








10/01/93 




I9A .0202 




/ 




/ 




01/04/94 




19B .0301 




/ 




/ 




10/01/93 




.0304 




/ 




/ 




10/01/93 




.0309 




/ 




/ 




10/01/93 




.0316 - .0317 






/ 






10/01/93 




.0501 




/ 








10/01/93 




21 D .0401 




/ 








10/01/93 




.O.SOl 




/ 




/ 




10/01/93 




.0706 




/ 




/ 




10/01/93 




.1102 - .1106 






/ 






10/01/93 




.1201 - .1203 


/ 










10/01/93 




.1204 


/ 






/ 




10/01/93 




.1205 - .1206 


/ 










10/01/93 




.1207 


/ 






/ 




10/01/93 




21F .0102 




/ 








10/01/93 




16 NCAC 6C .0312 




/ 




/ 




10/01/93 




.0401 - .0403 




/ 








10/01/93 




19A NCAC 5 










/ 






6 










/ 






6B .0101 










/ 






.0201 - .0205 










/ 






.0301 










/ 






.0303 - .0304 










/ 






6C .0304 










/ 






20 NCAC 2 A .0101 




/ 








10/01/93 




.0201 




/ 




/ 




10/01/93 




.0202 




/ 








10/01/93 




.0301 - .0302 




/ 








10/01/93 




.0401 




/ 




/ 




10/01/93 




,0402 




/ 








10/01/93 







1538 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



LIST OF RULES CODIFIED 



:> 



) 





Citation 


AD 


AM 


RP 


Witli 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


2N .0105 




/ 








10/01/93 




20 NCAC 2N .0106 




/ 




/ 




10/01/93 




.0107 




/ 








10/01/93 




.0108 


/ 






/ 




10/01/93 




.0210 - .0211 




/ 




/ 




10/01/93 




.0305 - .0313 






/ 






10/01/93 




21 NCAC 8K .0301 


/ 










10/01/93 


1 80 DAYS 


19 .0202 




/ 








10/13/93 


180 DAYS 


32B .0801 - .0808 


/ 










10/01/93 




34A .0126 


/ 










10/01/93 




46 .3001 


/ 






/ 




10/01/93 




63 .0210 


/ 






/ 




10/01/93 




23 NCAC 2 TOC 










/ 






2D .0109 










/ 






.0203 










/ 







8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



1539 



RRC OBJECTIONS 



1 he Rules Rexien' Commission (RRC) objected to the following rules in accordance with G.S. 
143B-30.2(c). State agencies are required to respond to RRC as provided in G.S. 143B-30.2(d). 



AGRICULTURE 

North Carolina State Fair 

2 NCAC 20B .0106 - General 
Agency Re\ised Rule 

COMIVIERCE 

Banking Commission 

4 NCAC 31 .0305 - Issuance of Certificate of Registration 
Agency Re\'ised Rule 

ENVIROP^MENT, HEALTH. AND NATURAL RESOURCES 

Coastal Management 

ISA NCAC 7H .2002 - Approval Procedures 

Agency Responded 
ISA NCAC 7H .2004 - General Conditions 

Agency Responded 

Environmental Management 

ISA NCAC 2L .0103 - Policy 
Agency Rex'ised Rule 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

HUIVL^ RESOURCES 

Aging 

10 NCAC 22 G .OSOS - Stafiing 

Agency Revised Rule 
10 NCAC 22G .0S06 - Congregate Site Requirements 

Agency Rexised Rule 
10 NCAC 22G .0S09 - Home-Delivered Meals Standards 

Agency Re\'ised Rule 
10 NCAC 22G .OS 10 - Congregate Food Requirements 

Agency Revised Rule 
10 NCAC 22G .0S14 - Administration Requirements 

Agency Revised Rule 
10 NCAC 22S .0102 - Withdrawal of Area on Aging Designation 

Agency Re\'ised Rule 



RRC Objection 
Obj. Removed 



09/17/93 
10/21/93 



RRC Objection 
Obj. Removed 



10/21/93 
10/21/93 



RRC Objection 09/1 7/93 

Obj. Cont'd 10/21/93 

RRC Objection 09/1 7/93 

Obj. Cont'd 10/21/93 



RRC Objection 09/1 7/93 

RRC Objection 09/1 7/93 

Obj. Cont'd 10/21/93 

Eff. 11/04/93 



RRC Objection 


10/21/93 


Obj. Removed 


10/21/93 


RRC Objection 


10/21/93 


Obj. Removed 


10/21/93 


RRC Objection 


10/21/93 


Obj. Renuived 


10/21/93 


RRC Objection 


10/21/93 


Obj. Removed 


10/21/93 


RRC Objection 


10/21/93 


Obj. Removed 


10/21/93 


RRC Objection 


10/21/93 


Obj. Removed 


10/21/93 



1540 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



RRC OBJECTIONS 



Children's Services 

10 NCAC 41 R .0002 - Administration and Organization 
Agency Responded 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

Facility Services 

10 NCAC 3H .0108 - Definitions 
Agency Revised Rule 

JUSTICE 

Criminal Justice Education and Training Standards 

12 NCAC 9A .0107 - Rule-Making and Administrative Hearing Procedures 

Agency Rex'ised Rule 
12 NCAC 9B .0101 - Minimum Standards fiyr Criminal Justice Officers 

Agency Revised Rule 

LICENSING BOARDS AND COMMISSIONS 

Electrolysis Examiners 

21 NCAC 19 .0604 - Program Directors 

21 NCAC 19 .0611 - Identification of Students 

Agency Rexised Rule 
21 NCAC 19 .0613 - Student /Teacher Ratio and Equipment 

Foresters 

21 NCAC 20 . 0020 - Certification of Consulting Foresters 

Agency Rex'ised Rule 
21 NCAC 20 .0021 - Rejection of Consultant Affidavit 

Agency Revised Rule 
21 NCAC 20 .0022 - Handling of Complaints 

Agency Revised Rule 

Plumbing, Heating and Fire Sprinkler Contractors 

21 NCAC 50 .0506 - Minor Repairs and Alterations 
Agency Revised Rule 

REVENUE 

Corporate Income and Franchise Tax 

17 NCAC 5C .0904 - The Term Employee 
Agency Repealed Rule 

TRANSPORTATION 

Departmental Rules 



RRC Objection 07/15/93 

Obj. Cont'd 08/20/93 

Obj. Cont'd 09/17/93 

Eff. 10/01/93 



RRC Objection 10/21/93 
Obj. Removed 10/21/93 



RRC Objection 10/21/93 

Obj. Removed 10/21/93 

RRC Objection 10/21/93 

Obj. Removed 10/21/93 



RRC Objection 10/21/93 

RRC Objection 10/21/93 

Obj. Removed 10/21/93 

RRC Objection 10/21/93 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



09/17/93 
10/21/93 
09/17/93 
10/21/93 
09/17/93 
10/21/93 



RRC Objection 10/21/93 
Obj. Removed 10/21/93 



RRC Objection 10/21/93 
Obj. Removed 10/21/93 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



1541 



RRC OBJECTIONS 



I9A NCAC IB .0202 - Contents of Petition 

Agency Re\'ised Rule 
19A NCAC IB .0302 - Record of Hearing 

Agency Revised Rule 



RRC Objection 10/21/93 

Obj. Removed 10/21/93 

RRC Objection 10/21/93 

Obj. Removed 10/21/93 



Division of Highways 



19A NCAC 2D .0403 - Use of Dust Allaying Materials 

Agency Re\'ised Rule 
19A NCAC 2D .0404 - Maintenance Within Municipalities 

Agency Rex'ised Rule 
19A NCAC 2D .0405 - Examples of Construction and Maintenance Activities 

Agency Revised Rule 
19A NCAC 2D .0601 - Permits-Authority, Application and Enforcement 

Agency Rexised Rule 
19A NCAC 2D .0633 - Denial: Revocation: Refusal/Renew: Appeal: Invalidation 

Agency Rexised Rule 
19A NCAC 2D .0801 - Pre-Qualifying to Bid: Requalification 

No Response from Agency 
19A NCAC 2D .0802 - Invitation to Bid 

No Response from Agency 
19A NCAC 2D .0803 - Advertisement and Invitations for Bids 

No Response from Agency 
19A NCAC 2D .0821 - Return of Bid Bond or Bid Deposit 

No Response from Agency 
19A NCAC 2E .0404 - Highway Obstructions Interfering/Traffic/Maintenance 

Agency Rexised Rule 



RRC Objection 


10/21/93 


Obj. Removed 


10/21/93 


RRC Objection 


10/21/93 


Obj. Removed 


10/21/93 


RRC Objection 


10/21/93 


Obj. Removed 


10/21/93 


RRC Objection 


10/21/93 


Obj. Removed 


10/21/93 


RRC Objection 


10/21/93 


Obj. Removed 


10/21/93 


RRC Objection 


09/17/93 


Obj. Cont'd 


10/21/93 


RRC Objection 


09/17/93 


Obj. Cont'd 


10/21/93 


RRC Objection 


09/17/93 


Obj. Cont'd 


10/21/93 


RRC Objection 


09/1 7/93 


Obj. Cont'd 


10/21/93 


RRC Objection 


10/21/93 


Obj. Removed 


10/21/93 



1542 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



RULES INVALIDATED BY JUDICIAL DECISION 



1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court, 
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which 
invalidate a rule in the North Carolina Administrative Code. 



1 NCAC 5A .0010 - ADMINISTRATIVE PROCEDURES 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared two portions 
of Rule 1 NCAC 5A .0010 void as applied in Stauffer Information Systems, Petitioner u Tlie North Carolina 
Department of Community' Colleges and Tlie North Carolina Department of Administration, Respondent and 
Tlie University of Southern California, Intervenor-Respondent (92 DOA 0666). 

10 NCAC 3H .0315(b) - NURSING HOME PATIENT OR RESIDENT RIGHTS 

Dolores O. Nesnow, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10 
NCAC 3H .0315(t) void as applied in Barbara Jones, Petitioner v. North Carolina Department of Human 
Resources, Division of Facility Services, Licensure Section, Respondent (92 DHR 1192). 

10 NCAC 3R .1124(0 - ACCESSIBILITY TO SERVICES 

Beecher R. Gray, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10 
NCAC 3R .1124(f) void as applied in Britthaven, Inc. d/b/a Britthaven of Morganton, Petitioner v. N.C 
Department of Human Resources, Division of Facility Services, Certificate of Need Section, Respondent and 
Valdese Nursing Home, Inc., Respondent-Intervenor (92 DHR 1785). 

15 A NCAC 30 .0201(a)(1)(A) - STDS FOR SHELLFISH BOTTOM & WATER COLUMN LEASES 

Julian Mann III, Chief Administrative Law Judge with the Office of Administrative Hearings, declared Rule 
15A NCAC 30 .0201(a)(1)(A) void as applied in William R. Willis, Petitioner v. North Carolina Division of 
Marine Fisheries, Respondent (92 EHR 0820). 

15A NCAC 19A .0202(d)(10) - CONTROL MEASURES - HIV 

Brenda B. Becton, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 15A 
NCAC 19A .0202(d)(10) void as applied in ACT-UP TRIANGLE (AIDS Coalition to Unleash Power Triangle), 
Steven Harris, and John Doe, Petitioners v. Commission for Health Services of the State of North Carolina, 
Ron Levine, as Assistant Secretary of Health and State Health Director for the Department of Environment, 
Health, and Natural Resources of the State of North Carolina, William Cobey, as Secretary of the Department 
of Environment, Health, and Natural Resources of the State of North Carolina, Dr. Rebecca Meriwether, as 
Chief Communicable Disease Control Section of the North Carolina Department of Environment, Health, and 
Natural Resources, W:iyne Bobbitt Jr , as Chief of the HIV/SID Control Branch of the North Carolina 
Department of Environment, Health, and Natural Resources, Respondents (91 EHR 0818). 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



1543 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions 
along with an index to all recent contested cases decisions which are filed under North Carolina's 
Administrative Procedure Act. Copies of the decisions listed in the index and not published are available 
upon request for a mininud charge by contacting the Office of Administrative Hearings, (919) 733-2698. 



i 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMIMSTRATION 

LMS Express. Inc. \. Administration. Div of Purchase & Contract 
Siaulfer Information Sy-stems v. Community Colleges Sl Administration 
McLaunn Parkir^ Co. v. Administration 
Warren H. Arrii^ton Jr. v. Division of Purchase &. Contract 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 



92 DOA 0735 
92 DOA 0803 

92 DOA 1662 

93 DOA 0132 



Morgan 06/04/93 

West 06/10/93 

Morrison 04/02/93 

West 07/21/93 



1:7 NCR 613 
;:3 NCR 320 



Alcoholic Be\crage Control Comm. v. Ann Oldham McDowell 
Curtis Ray Lynch v. Alcoholic Be\erage Control Comm. 
Alcoholic Be\erage Control Comm. v. Ezra Everett Rigsbee 
Alcoholic Be\erage Control Comm. v. Partneiship, Phillip Owen Edward 
Alcoholic Be\'erage Control Comm. v. Gary Morgan Neugent 
Alcoholic Beverage Control Comm. v. Azzal Aly Amer 
Alcoholic Be\erage Control Comm. v. Kirty Ronald Eldridge 
Alcoholic Bev'erage Control Comm. v. Gloria Black McDuffic 
Alcoholic Bo.erage Control Comm. v. Larry Isacc Hailstock 
Alcoholic Be\'erage Control Comm. v. Anthony Ralph Cecchini Jr. 
Johnnie L. Baker v. Alcoholic Be\erage Control Commission 
RAMSAC Enterprises, Inc. v. Alcoholic Be\erage Control Comm. 
Alcoholic Be>.'erage Control Comm. v. Aubrey Rudolph Wallace 
Alcoholic Be\'erage Control Comm, v. Mermaid, Inc. 
Alcoholic Beverage Control Comm. v. Majdi Khalid Wahdan 
Cornelius Hines T/A Ebony Lounge v. Alcoholic Beverage Ctl. Comm. 
Alcoholic Bc%'erage Control Comm. v. Homer Patrick Godwin Jr. 
Alcoholic Be%erage Control Comm. v. Wanda Lou Ball 
Charles Anthonious Morant v. Alcoholic Be%'erage Control Comm. 
Alcoholic Be\erage Control Comm. v. Billy Fincher McSwain Jr. 
Jean Hoggard Askew v. Alcoholic Beverage Control Commission 
ABC Comm. v. Partnership /T/A ComDthets Comly Ctr & Private Club 
Alcoholic Bcv'erage Control Comm, v. James Elwood Alphin 
Alcoholic Be\erage Control Comm. v. James William Campbell 
Barbara Locklear v. Alcoholic Be\'erage Control Commission 
Alcoholic Be\'erage Control Comm. v. Partnership. T/A Hawk's Landing 
Alcoholic Be\'erage Control Com. v. Thomas Andrew Reid 
Zachary Andre Jones v. Alcoholic Beverage Control Commission 
Alcoholic Be%'erage Control Comm. v. Mack Ray Chapman 
Alcoholic Be\'erage Control Comm. v. Bistro Enterprises, Inc. 
Alcoholic Beverage Control Comm. v. Richard Donald James Jr. 
Alcoholic Be\'erage Control Comm. v. George Oliver O'Neal III 
Alcoholic Beverage Control Comm. v. The Sideline of Wilmir^ton, Inc. 
William Vernon Franklin &. Gene Carroll Daniels v. ABC Commission 
Alcoholic Bc\erage Control Comm. v. Joseph Adu 
Alcoholic Be\erage Control Comm. v. Citizens Fuel Company 
Alcoholic Be\crage Control Comm. v. Citizens Fuel Company 
Alcoholic Beverage Control Comm. v. Mohammad Salim Pirini 
Charles Ed\>.ani Hare. Club Paradise v. Alcoholic Be\'crage Ctl. Comm. 
Alcohlic Beverage Control Comm. w Partnership t/a RJ's Store 
Alcoholic Be\'. Control Comm. v. Mild & Wild. Inc.. Sheila Scholz 



92 ABC 0260 


Morgan 


04/01/93 




92 ABC 0288 


Gray 


05/18/93 




92 ABC 0702 


West 


07/30/93 




92 ABC 0978 


Gray 


05/28/93 




92 ABC 1086 


Bee ton 


03/22/93 




92 ABC 1149 


Reilly 


09/01/93 




92 ABC 1153 


Chess 


04/26/93 




92 ABC 1476 


West 


05/26/93 




92 ABC 14S3 


Reilly 


04/07/93 




92 ABC 1690 


Morgan 


06/29/93 




92 ABC 1735 


Chess 


05/07/93 




93 ABC 0002 


Morrison 


07/02/93 




93 ABC 0047 


Gray 


05/28/93 




93 ABC 0076 


Gray 


08/04/93 




93 ABC 0087 


Becton 


07/06/93 


8:9 NCR 785 


93 ABC 0118 


Morrison 


08/04/93 




93 ABC 0125 


Reilly 


05/13/93 




93 ABC 0182 


Nesnow 


07/29/93 




93 ABC 0232 


Chess 


07/20/93 




93 ABC 0239 


Gray 


08/26/93 




93 ABC 0255 


West 


09/10/93 




93 ABC 0318 


Reilly 


07/22/93 




93 ABC 0326 


Gray 


08/26/93 




93 ABC 0327 


Gray 


08/09/93 




93 ABC 0395 


West 


09/14/93 




93 ABC 0407 


Becton 


10/18/93 




93 ABC 0408 


Gray 


11/01/93 




93 ABC 0421 


West 


09/13/93 




93 ABC 0423 


Gray 


09/17/93 




93 ABC 0430 


Reilly 


10/07/93 




93 ABC 0431 


Nesnow 


09/01/93 




93 ABC 0433 


Morgan 


11/01/93 


8:16 NCR 1553 


93 ABC 0462 


Becton 


10/27/93 




93 ABC 0570 


Reilly 


09/17/93 




93 ABC 0601 


Nesnow 


10/28/93 


8:16 NCR 1560 


93 ABC 0611 


West 


10/12/93 




93 ABC 0613 


West 


10/11/93 




93 ABC 0616 


West 


10/13/93 




93 ABC 0644 


Gray- 


08/10/93 




93 ABC 0860 


Mann 


09/29/93 




93 ABC 1475 


Nesnow 


03/23/93 





I 



COMMERCE 

Lester Moort v. Weatheristion Assistance Program 



93 COM 0105 



Gray 



03/08/93 



I 



1544 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



CONTESTED CASE DECISIONS 



1 



AGENCY 



CRIME CONTROL AND PUBLIC SAFETY 

George W. Paylor v. Crime Victims Compensation Comm. 
Steven A. Earner v. Crime Victims Compensation Comm. 
Anthony L. Hart v. Victims Compensation Comm. 
Jennifer Ayers v. Crime Victims Compensation Comm. 
Janie L. Howard v. Crime Victims Compensation Comm. 
Isabelle Hyman v. Crime Victims Compensation Comm. 
James G. Pellom v. Crime Control &. Public Safety 
Nonnan E. Brown v. Victims Compensation Commission 
Moses H. Cone Mem Hosp v. Victims Compensation Comm. 
David &. Jane Spano v. Crime Control &. Public Safety 
Phillip Edwaid Moore v. Crime Control & Public Safety 
Norma Jean Purketl v. Crime Victims Compensation Comm. 
Sheila Carter v. Crime Control and Public Safety 
John Willie Leach v. Crime Victims Compensation Comm. 
Nellie R. Mangum v. Crime Victims Compensation Comm. 
Constance Brown v. Crime Victims Compensation Comm. 
Susan Coy v. Crime Victims Compensation Commission 

ENVIRONMENT, HEALTH. AND NATURAL RESOURCES 



CASE 

NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



91 CPS 1286 


Morgan 


04/27/93 




92 CPS 0453 


Nesnow 


06/01/93 




92 CPS 0937 


Chess 


03/01/93 




92 CPS 1195 


Reilly 


03/19/93 




92 CPS 1787 


Reilly 


03/26/93 




92 CPS 1807 


Morrison 


05/24/93 




93 CPS 0034 


Gray 


05/05/93 




93 CPS 0141 


West 


07/07/93 




93 CPS 0152 


Nesnow 


04/02/93 


8:3 NCR 327 


93 CPS 0160 


Nesnow 


07/30/93 


8:10 NCR 862 


93 CPS 0169 


Nesnow 


05/20/93 




93 CPS 0205 


West 


08/27/93 


8:12 NCR 1171 


93 CPS 0249 


Morgan 


08/25/93 




93 CPS 0263 


Morrison 


05/20/93 




93 CPS 0303 


Morrison 


06/08/93 




93 CPS 0351 


Reilly 


05/24/93 




93 CPS 0623 


Reilly 


09/22/93 





) 



) 



Charles L. Wilson v. Environment, Health, & Natural Resources 
J. Bruce Mulligan v. Environment, Health, & Nalrual Resources 
Michael D. Barnes v. Onslow Cty Hlth & Environment and EHR 
William E. Finck v. Environment, Health, & Natural Resources 
Utley C. Stallir^s v. Environment, Health, & Natural Resources 
Dora Mae Blount on behalf of Joseph T. Midgette v. Hyde Cty 

Bd/Commissioneis, H>de Cty Bd/Health, & Environment, 

Health, & Natural Resources 
A.J. Ballard Jr., Tire &. Oil Co., Inc. v. Env., Health, & Nat. Res. 
Safeway Removal, Inc. v. Environment, Health, & Natural Res. 
White Oak Chapter of the Izaak Walton League, Inc., and 

National F^rks and Conservation Association, Inc. v. 

Division of Solid Waste Management, EHR and Haywood County 
Elizabeth City/I^quotank Cty Mun Airport Auth v. EHNR 
Intestate Brands Corp & Donald Leffew v. Env., Health, &. Nat. Res. 
Service Oil Company v. Environment, Health, & Natural Resources 
Inleretate Brands Corp & Donald Leffew v. Env., Health, & Nat. Res. 
Residents of Camm &. Shell v. Health Environmental - Septic Tank Div. 
City of Salisbury v. Environment, Health, & Natural Resources 
Willie M. Watfond v. Hertford Gates District Health Department 
Standard Speciality Contractore, Inc. v. EHNR 
Shawqi A. Jaber v. Environment, Health, & Natural Resources 
McLeod Leather &. Behing Co., Inc. v. Env., Health, & Natural Res. 
Angela Power, Albert Power v. Children's Special Health Svcs. 
Rayco Utilities, Inc. v. Environment, Health, & Natural Resources 
Ert^ Lamar Grainger v. Environment, Health, & Natural Resources 
Mustafa E. Essa v. Environment, Health, & Natural Resources 
A.J. Holt V. Public Water Supply Section, Div. of Environmental Health 
Charlie Garfield McPherson Swine Farm v. Env., Health, & Nat. Res. 
Keith Cutler, Kathryn Cutler v. Environment, Health, & Natural Res. 
Rosetta Brimage, Vanessa Pack v. Env. Health of Craven County 
R.L. Stowe Mills. Inc. v. Environment, Health, & Natural Resources 
O.C. Stafford /Larry Haney v. Montgomery Cty. Health Dept. 
Patricia Y. Marshall v. Montgomery Cty Health Dept. &. EHR 
Fred M. Grooms v. Environment, Health, & Natural Resources 
Bobhy Anderson v. Environment, Health, &, Natural Resources 
Shell Bros. Dist., Inc. v. Environment, Health, &. Natural Resources 
Fred C. Gosnell & wife, Patricia T. Gosnel! v. Env., Health, & Nat. Res. 
Holding Bros., Inc. v. Environment, Health, & Natural Resources 
Hamilton Beach/Proctor-Silex, Inc. v. Environment, Health. & Natrl Res 
Monroe Gaskill v. DEHNR-Div. of Coastal Management 
Lanny Clifton, Southwind Dev., Co. v. Div. of Environmental Mgmt. 
Blue Ridge Env. Defense League, Inc. v. Env., Health, & Natrl Res 



91 EHR 0664 


Morgan 


03/23/93 




91 EHR 0773 


West 


07/13/93 




91 EHR 0825 


Morgan 


06/21/93 




92 EHR 0040 


Gray 


06/14/93 




92 EHR 0062 


Gray 


03/15/93 




92 EHR 0400 


Gray 


10/15/93 




92 EHR 0754 


Nesnow 


08/30/93 




92 EHR 0826 


West 


03/12/93 


8:1 NCR 83 


92 EHR 0881 


West 


09/14/93 




92 EHR 1140 


Gray 


04/13/93 




92 EHR 1201*" 


Reilly 


08/12/93 




92 EHR 1205 


Reilly 


05/27/93 




92 EHR 1224*" 


Reilly 


08/12/93 




92 EHR 1462 


Morrison 


08/25/93 




92 EHR 1472 


Morrison 


04/22/93 




92 EHR 1600 


Chess 


03/24/93 




92 EHR 1660 


Reilly 


05/21/93 




92 EHR 1784 


Beeton 


07/07/93 




93 EHR 0003 


Morgan 


10/11/93 


8:15 NCR 1503 


93 EHR 0008 


Becton 


03/24/93 




93 EHR 0063 


Morrison 


09/17/93 




93 EHR 0071 


Reilly 


06/21/93 




93 EHR 0146 


Gray 


03/29/93 




93 EHR 0168 


West 


10/25/93 




93 EHR 0181 


Reilly 


07/23/93 


8:10 NCR 870 


93 EHR 0185 


Morrison 


10/20/93 




93 EHR 0206 


Nesnow 


05/20/93 




93 EHR 0219 


Morrison 


08/11/93 


8:11 NCR 996 


93 EHR 0224 


Gray 


06/07/93 




93 EHR 0252 


Gray 


10/22/93 




93 EHR 0276 


West 


08/27/93 


8:12 NCR 1176 


93 EHR 0299 


Reilly 


06/07/93 




93 EHR 0308 


Becton 


05/18/93 




93 EHR 0340 


Becton 


08/11/93 




93 EHR 0380 


Nesnow 


08/03/93 


8:11 NCR 1001 


93 EHR 0477 


Reilly 


06/29/93 




93 EHR 0802 


Chess 


10/13/93 




93 EHR 0848 


Becton 


10/20/93 




93 EHR 0862 


Nesnow 


10/11/93 





8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



1545 



CONTESTED CASE DECISIONS 



AGENCY 



HUMAN RELATIONS COMMISSION 



Human Relations Comm. on behalf of Tyrone Clark v. Myrtle Wilson 
Human Relations Comm. on behalf of Marsha Crisco v. Hayden Morrison 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



i 



92 HRC 0560 


Beelon 


09/07/93 


8:13 NCR 1287 


93 HRC 0167 


Reilly 


08/18/93 


8:12 NCR 1168 



HUMAN RESOURCES 

O.C. Williams v. Human Rcsour.es 

Ronald Terry Brown v. Human Resources 

Dennis K. King v. Human Resources 

Cathy Harris. A/K/A Cathy D. Grubb v. Human Resources 

Raymond L. Griffin v. Human Resources 

O.C. Williams v. Human Resources 

Michael L. Ray v. Human Resources 

Randy Chambliss v. Human Resources 

Mclvin White v. Human Resources 

Joseph R. Kavaliauskas Jr. v. Human Resources 

Larry D. Boyd v. Human Resources 

Jefferson D. Bcylen v. Human Resources 

Jeffery D. Williams v. Human Resources 

Jerry L. Summers v. Human Resources 

Samuel E. Massenbet^ Jr. v. Human Resources 

William A. Dixon v. Human Resources 

Gregory L. Washington v. Human Resources 

Edwin Clarke v. Human Resources 

Dwayne Allen v. Human Resources 

Edwin Ivester v. Human Resources 

Connie F. Epps, Otis Junior Epps v. Human Resources 

Tyrone Aiken v. Human Resources 

Everett M. Eaton v. Human Resources 

Edward E. Brandon v. Human Resources 

Darrell W. Russell v. Human Resources 

John Henry Byrd v. Human Resources 

Michelle D. Mobley v. Human Resources 

Gus W. Long Jr. v. Human Resources 

Robert E. Watson v. Human Resources 

Byron Christopher Williams v. Human Resources 

James W. Bell v. Human Resources 

Charies W. Stall Jr. v. Human Resources 

Eric Stanley Stokes v. Human Resources 

Clayton L. Littleton v. Human Resources 

Frank E. Johnson v. Human Resources 

David Rollins v. Human Resources 

Willie Sam Brown v. Human Resources 

Lyndell Greene \\ Human Resources 

Charles Swann v. Human Resources 

Joe B. Recce v. Human Resources 

Michael Anthoriy Dean v. Human Resources 

Gregory W. Alford v. Human Resources 

Leroy Snuggs v. Human Resources 

James P. Miller HI v. Human Resources 

Herbert H. Fordham v. Human Resourc-es 

Jack Dulq v. Human Resourc-es 

Jesse B. Williams v. Human Resources 

Larry L. Crowder v. Human Resources 

Carlos Bernard Davis v. Human Resources 

Ocie C. Williams v. Human Resources 

Terrance Frt;eman v. Human Resources 

Floyd Excell Stafford v. Human Resources 

Timothy Brian Eller v. Human Resources 

Charles S. Ferrer v. Human Resources 

Ronald H. Lockls^ v. Human Resources 

Rene Thomas Rittenhouse v. Human Resources 

Thomas Edward Williamson v. Human Resources 



Consolidated cases. 



91 CSE 0036*- 


Morgan 


03/30/93 


91 CSE 0249 


Morgan 


05/17/93 


91 CSE 1122 


Morgan 


07/28/93 


91 CSE 


1131 


Morgan 


08/24/93 


91 CSE 


1148 


Morgan 


08/24/93 


91 CSE 


1158*= 


Morgan 


03/30/93 


91 CSE 


1173 


Morgan 


05/17/93 


91 CSE 


1187 


Morgan 


04/28/93 


91 CSE 


1192 


Morgan 


05/17/93 


91 CSE 


1204 


Morgan 


07/29/93 


91 CSE 


1214 


Morgan 


08/24/93 


91 CSE 


1217 


Morgan 


05/17/93 


91 CSE 


1231 


Morgan 


04/28/93 


91 CSE 


1234 


Morgan 


07/28/93 


91 CSE 


1249 


Morgan 


05/17/93 


91 CSE 


1277 


Momson 


03/04/93 


92 CSE 0075 


Morgan 


04/01/93 


92 CSE 0129 


Morgan 


05/17/93 


92 CSE 0196 


Morgan 


03/31/93 


92 CSE 0268 


Nesnow 


03/30/93 


92 CSE 


1182 


Reilly 


07/22/93 


92 CSE 


1217 


Gray 


06/17/93 


92 CSE 


1221 


Reilly 


07/27/93 


92 CSE 


1237 


Gray 


04/16/93 


92 CSE 


1249 


Beeton 


04/20/93 


92 CSE 


1250 


Reilly 


06/04/93 


92 CSE 


1256 


Nesnow 


04/15/93 


92 CSE 


1263 


Gray 


08/16/93 


92 CSE 


1265 


Reilly 


05/06/93 


92 CSE 


1270 


Nesnow 


04/26/93 


92 CSE 


1311 


Nesnow 


05/10/93 


92 CSE 


1313 


Mann 


07/06/93 


92 CSE 


1316*' 


Reilly 


03/25/93 


92 CSE 


1317 


Morrison 


09/02/93 


92 CSE 


1326 


Reilly 


08/16/93 


92 CSE 1334 


Morrison 


05/06/93 


92 CSE 


1338 


Morrison 


09/15/93 


92 CSE 


1346 


Nesnow 


04/16/93 


92 CSE 


1347 


West 


09/16/93 


92 CSE 


1355 


Mann 


10/12/93 


92 CSE 


1356 


Morrison 


08/13/93 


92 CSE 


1358 


Gray 


10/18/93 


92 CSE 


1360 


Morrison 


04/15/93 


92 CSE 


1361 


Gray 


04/16/93 


92 CSE 


1362 


Nesnow 


07/19/93 


92 CSE 


1374 


Gray 


07/16/93 


92 CSE 


1389 


Nesnow 


10/12/93 


92 CSE 


1396 


Reilly 


04/15/93 


92 CSE 


1404 


Reilly 


04/15/93 


92 CSE 


1405 


Mann 


06/25/93 


92 CSE 


1411 


Mann 


06/07/93 


92 CSE 


1412 


Reilly 


08/31/93 


92 CSE 


1414 


ReiUy 


04/20/93 


92 CSE 


1416 


Mann 


04/15/93 


92 CSE 


1418 


Nesnow 


04/20/93 


92 CSE 


1421 


Nesnow 


04/20/93 


92 CSE 


1422 


Reilly 


04/20/93 



f 



I 



1546 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



CONTESTED CASE DECISIONS 



) 



) 



) 



AGENCY 



Roy Chester Robinson v. Human Resources 
Lynwood McClinlon v. Human Resources 
Timothy Scott Long v. Human Resources 
David W. Williams v. Human Resources 
William E. Ingram v. Human Resources 
Harold R. Pledger v. Human Resources 
Carl Beard v. Human Resources 
Henry Alston Jr. v. Human Resources 
Gary Lewis Doster v. Human Resources 
Michael W. Bentl^ v. Human Resources 
Dale Robert Stuhre v. Human Resources 
James T. Carter Jr. v. Human Resources 
Tommy Malone v. Human Resources 
James C. Dixon Jr. v. Human Resources 
Timothy R. Currence v. Human Resources 
Wardell Walker v. Human Resources 
Wallace M. Cooper v. Human Resources 
Jarvis N. Price v. Human Resources 
Tliomas L. Yates v. Human Resources 
Robert E. Tarlton Sr. v. Human Resources 
Rodnify Devard Clemens v. Human Resources 
James A. Coleman v. Human Resources 
Lee Richard Jones v. Human Resources 
Romeo F. Skapple v. Human Resources 
Terrial W Mayberry v. Human Resources 
Jeffrey L. Garrett v. Human Resources 
Edward Kirk v. Human Resources 
William C. Hubbard v. Human Resources 
William Michael Przytysz v. Human Resources 
Kevin Keith Witmoie v. Human Resources 
Edward Filch v. Human Resources 
David Robinetle v. Human Resources 
Kit C. Elmore v. Human Resources 
Brian C. Gilmore v. Human Resources 
Philip S. Piercy v. Human Resources 
Anthony McLaughlin v. Human Resources 
Johniry W. Cooke v. Human Resources 
Roland L. Essaff v. Human Resources 
Isaac Maxwell v. Human Resources 
Donald J. Ray v. Human Resources 
Barbara A. Chaperon v. Human Resources 
Kenneth Eugene Johnson v. Human Resources 
Charles Wayne Pierce v. Human Resources 
Donna G. Knotls v. Human Resources 
Robert Jerome Sutton v. Human Resources 
Donald R. Williams v. Human Resources 
McKinley Clybum v. Human Resources 
Henry L. Taylor v. Human Resources 
Tony TTiorpe v. Human Resources 
Jeffery D. Williams v. Human Resources 
Ronald Sowell v. Human Resources 
Billy Smith v. Human Resources 
Anthoriy Curry v. Human Resources 
John G. Williams v. Human Resources 
Larry W. Golden v. Human Resources 
William J. Carter v. Human Resources 
Mark W. Dean v. Human Resources 
Linda D. McDonald v. Human Resources 
Tyrone Thomas v. Human Resources 
Rillon E. May v. Human Resources 
Joe K. Martin v. Human Resources 
Eric Stanley Stokes v. Human Resources 
Larry Thompson v. Human Resources 
Billie J. Smith v. Human Resources 
Patrick Flcyd v. Human Resources 
Dennis W Nolan v. Human Resources 
Eric L. Garland v. Human Resources 
Ira Alston Jr. v. Human Resources 



CASE 




DATE OF PUBLISHED DECISION 


>fUMBER 


AL,f 


DECISION REGISTER CITATION 


92 CSE 1423 


Reilly 


04/15/93 


92CSE 


1424 


Reilly 


09/15/93 


92 CSE 


1445 


Bee ton 


06/29/93 


92 CSE 


1448 


Nesnow 


07/19/93 


92 CSE 


1450 


Reilly 


04/15/93 


92 CSE 


1455 


Morrison 


05/20/93 


92 CSE 1459 


Reilly 


09/08/93 


92 CSE 


1460 


Bee ton 


06/29/93 


92 CSE 


1461 


Morrison 


10/21/93 


92 CSE 


1512 


Nesnow 


06/09/93 


92 CSE 


1516 


Reilly 


05/11/93 


92 CSE 


1517 


Mann 


08/31/93 


92 CSE 


1520 


Mann 


05/07/93 


92 CSE 


1522 


Bee ton 


05/11/93 


92 CSE 


1523 


Reilly 


09/09/93 


92 CSE 


1524 


Reilly 


10/12/93 


92 CSE 


1527 


Reilly 


05/11/93 


92 CSE 


1531 


Morrison 


05/12/93 


92 CSE 


1535 


Gray 


05/10/93 


92 CSE 


1536 


Gray 


05/17/93 


92 CSE 


1539 


Gray 


05/10/93 


92 CSE 


1540 


Reilly 


05/11/93 


92 CSE 


1541 


Reilly 


09/08/93 


92 CSE 


1545 


Gray 


04/26/93 


92 CSE 


1546 


Reilly 


10/12/93 


92 CSE 1557 


Gray 


04/22/93 


92 CSE 


1560 


Gray 


06/29/93 


92 CSE 


1562 


Mann 


05/12/93 


92 CSE 1565 


Beeton 


07/23/93 


92 CSE 


1566 


Reilly 


11/01/93 


92 CSE 


1572 


Reilly 


05/11/93 


92 CSE 1573 


Mann 


07/14/93 


92 CSE 


1575 


Gray 


07/16/93 


92 CSE 1576 


Gray 


04/26/93 


92 CSE 


1577 


Gray 


07/16/93 


92 CSE 


1582 


Gray 


06/29/93 


92 CSE 1585 


Beeton 


05/11/93 


92 CSE 


1588 


Morrison 


07/26/93 


92 CSE 


1589 


Reilly 


04/26/93 


92 CSE 


1592 


Mann 


05/19/93 


92 CSE 


1593 


Mann 


10/13/93 


92 CSE 


1594 


Reilly 


11/01/93 


92 CSE 


1596 


Morrison 


07/14/93 


92 CSE 


1611 


Morrison 


07/16/93 


92 CSE 


1618 


Chess 


10/12/93 


92 CSE 


1622 


Nesnow 


08/04/93 


92 CSE 


1623 


Morrison 


05/20/93 


92 CSE 


1624 


Mann 


09/15/93 


92 CSE 


1625 


Chess 


07/15/93 


92 CSE 


1626 


Mann 


05/19/93 


92 CSE 1627 


Reilly 


07/19/93 


92 CSE 


1629 


Reilly 


03/25/93 


92 CSE 


1631 


Reilly 


03/25/93 


92 CSE 


1632 


Mann 


08/10/93 


92 CSE 1633 


Reilly 


03/25/93 


92 CSE 


1637 


Nesnow 


05/19/93 


92 CSE 


1638 


Reilly 


07/15/93 


92 CSE 


1639 


Gray 


10/19/93 


92 CSE 


1640 


Mann 


07/22/93 


92 CSE 


1642 


Morgan 


07/29/93 


92 CSE 


1650 


Reilly 


09/10/93 


92 CSE 


1652*' 


Reilly 


03/25/93 


92 CSE 


1655 


Reilly 


07/22/93 


92 CSE 


1656 


Gray 


07/23/93 


92 CSE 


1663 


Reilly 


05/20/93 


92 CSE 


1670 


Morrison 


06/25/93 


92 CSE 1671 


Mann 


07/22/93 


92 CSE 1703 


Beeton 


06/16/93 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



1547 



CONTESTED CASE DECISIONS 



AGENCY 



Elvis Bernard Telfair v. Human Resources 

Ronald G. Bolden v- Human Resources 

Donnell E. Byrd v. Human Resources 

Mar\in Holle^ \. Human Resources 

Eddie Short v. Human Resources 

Michael Tyw-an Mar^h v. Human Resources 

Leroy Jones v- Human Resources 

Antonio M. Townsend v. Human Resources 

Kevin J. Close v. Human Resources 

Nor-man Galewood v. Human Resources 

Thadius Bonapart v. Human Resources 

Ronald Norman v. Human Resources 

Joseph Eric Lewis v. Human Resources 

Ronald Dean Lowery v. Human Resources 

Tamera S. Hatfield v. Human Resources 

Michael Wayne Bryant v. Human Resources 

James E. Blaknt^ v. Human Resources 

Nelson Fowler Jr. v. Human Resources 

Oswinn Blue v. Human Resources 

Kelvin D. Jackson v. Human Resources 

Linwood Slalon v. Human Resources 

Anthony Watson v. Human Resources 

Eugene Polk v. Human Resources 

Steve R. Tallent v. Human Resources 

Glenda K. Hollifield v. Human Resources 

Kenneth W. Williams v. Human Resources 

Charles Thompson Jr. v. Human Resources 

Barbara W. Catlett v. Human Resources 

Laurcl Langford v. Human Resources 

Ida Diane Davis v. Human Resources 

Hatsuko Klein v. Human Resources 

Karen Mullins Martin v. Human Resources 

Ora Lee Brnnkley v. David T. Flaherty, Secretary of Human Resoua-es 

Mary McDuffie v. Human Resources Child Development 

Leon Barhee v. Human Resources 

Carrolton of Dunn, Inc. v. Human Resources 

Dialysis Care of North Carolina, Inc.. d/b/a Dialysis Care of 
Cumberland County v. Human Resources. Division of Facility 
Services, Certificate of Need Section, and Bio-Medical 
Applications of Fffyelteville d/b/a Fayetteville Kidney Center, 
Webb-Loha-'ichan-Mellon Rentals, Bio-Medical Applications 
of North Carolina, Inc., d/b/a BMA of Raefond and Webb- 
Loha^ichan Rentals 

Dialysis Care of North Carolina, Inc.. d/b/a Dialysis Care of 
Cumberland County v. Human Resources. Division of Facility 
SerN'iccs, Certificate of Need Section, and Bio-Medical 
Applications of Fayetteville d/b/a Fayetteville Kidney Center. 
Webb-Loha'ichan-Melton Rentals, Bio-Medical Applications 
of North Carolina. Inc., d/li/a BMA of Raeford and Webb- 
Lohaichan Rentals 

Bio-Medical Applications of North Carolina. Inc., d/b/a BMA 
of Raefond. Webb-Loha'ichan-Melton Rentals, Bio-Medical 
Applications of North Carolina, Inc.. d/b/a BMA of F^etlevrlle 
d/*b/a Fayetteville Kidney Center and Webb-Loha'ichan Rentals 
V. Human Resources, Division of Facility Ser^'ices, Certificate of 
Need Section and Dialysis Care of North Carolina. Inc., d/b/a 
Dialysis Care of Hoke County 

Renal Care of Rocky Mount, Inc. v. Human Resources, Division of 
Facility Services, Certificate of Need Section, and Bio-Medical 
Applications of North Carolina, Inc.. d/b/a BMA of Tarboro, 
Rocky Mount Nephrology Associates. Inc., Bio-Medical 
Applications of North Carolina, Inc.. d/b/a BMA of Rocky Mount 
d/b/a Rocky Mount Kidney Center, and Rocky Mount Kidn^ Center 
Associates 

James H. Hunt Jr. v. Division of Medical Assistance 

Barbara Jones \'. Human Resources 

Joyce R Williams v. Human Resources 

Snoopy Day Care. Diane HamK' v. Child Day Care Licensing 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


92 CSE 


1704 


Reilly 


09/15/93 


92CSE 


1706 


Mann 


06/25/93 


92 CSE 


1712 


Chess 


10/22/93 


92 CSE 


1713 


Mann 


06/08/93 


92 CSE 


1714 


West 


07/15/93 


92 CSE 


1716 


Gray 


06/17/93 


92 CSE 


1718 


Gray 


06/17/93 


92 CSE 


1721 


Chess 


08/30/93 


92 CSE 


1727 


Chess 


08/30/93 


92 CSE 


1728 


Chess 


10/22/93 


92 CSE 


1740 


Chess 


09/21/93 


92 CSE 


1746 


Chess 


10/14/93 


92 CSE 


1748 


Beaton 


08/02/93 


92 CSE 


1771 


West 


07/15/93 


92 CSE 1772 


Chess 


08/30/93 


92 CSE 


1773 


Chess 


10/22/93 


92 CSE 


1779 


Nesnow 


05/13/93 


93 CSE 0050 


Chess 


10/18/93 


93 CSE 0073 


Chess 


08/03/93 


93 CSE 022 1 


West 


08/04/93 


93 CSE 0250 


Nesnow 


08/13/93 


93 CSE 0396 


Nesnow 


08/04/93 


93 CSE 0437 


Chess 


08/11/93 


93 CSE 0448 


West 


10/29/93 


93 CSE 0545 


West 


10/11/93 


93 CSE 0590 


Reilly 


10/18/93 


93 CSE 0696 


Moirison 


09/23/93 


92 DCS 0577 


West 


03/15/93 


92 DCS 


1181 


Gray 


05/04/93 


92 DCS 


1200 


Gray 


03/29/93 


92 DCS 


1271 


Reilly 


05/05/93 


92 DCS 


1783 


West 


08/04/93 


92 DHR 0608 


Chess 


08/27/93 


93 DHR 0651 


Becton 


09/10/93 


92 DHR 0658 


Momson 


04/30/93 


92 DHR 


1101 


Morgan 


07/26/93 


92 DHR 


1109*^ 


Morgan 


06/22/93 



PUBLISHED DECISION 
REGISTER CITATION 



92 DHR 1110** Morgan 06/22/93 



92 DHR 1116'* Moi^an 06/22/93 



92 DHR 1120 



Gray 



92 DHR 1145 Becton 

92 DHR 1192 Nesnow 

92 DHR 1275 Gray 

92 DHR 1320 Morgan 



06/18/93 



05/13/93 
04/02/93 
03/15/93 
05/21/93 



< 



8:5 NCR 441 



8:4 NCR 392 
8:8 NCR 687 



i 



8:8 NCR 687 



8:8 NCR 687 



8:8 NCR 687 



8:5 NCR 443 
8:3 NCR 313 



I 



1548 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



CONTESTED CASE DECISIONS 



") 



AGENCY 



Cynthia Reed v. Human Resources 

The Neighborhood Center v. Human Resources 

Helm's Rest Home, Ron J. Schimpf/Edith H. Wilson v. Human Resources 

Jo Ann Kinsey v. NC Memorial Hospital Betty Hutton, Volunteer Svc. 

Amy Clara Williamson v. NC Mem Hosp Betty Hutton, Volunteer Svc. 

Betty Butler v. Human Resources 

Wayne Sandeis and Brenda Sandeis v. Human Resources 

Brittha'en, Inc. v. Human Resources & Valdese Nursing Home, Inc. 

Samuel Benson v. Office of Admin. Hearings for Medicaid 

James W McCall, Alice V. McCall v. Human Resources 

Vemice Whisnant v. Human Resources 

Cabarrus Cty Dept. of Social Svcs. v. Human Resources 

Hannah F. Tonkel v. Human Resources 

Fannie Lewis v. Human Resources 

Human Resources, Div. of Child Development v. Susan Amato 

Katie Kelly v. Human Resources 

Venola Hall, Agape Day Care v. Human Resources 

Christopher Durrcr, Wilson Memorial Hospital v. Human Resources 

Darryl A. Richardson v. Human Resources 

Home Health Prof., Barbara P. Bradsher, Admin v. Human Resources 

Sandra Gail Wilson v. Child Abuse/Neglect, Div. of Child Development 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


92 DHR 1329 


Chess 


05/10/93 


92 DHR 1375 


Chess 


08/02/93 


92 DHR 1604 


Reilly 


05/10/93 


92 DHR 1612 


Chess 


03/08/93 


92 DHR 1613 


Chess 


03/08/93 


92 DHR 1614 


Chess 


03/09/93 


92 DHR 1699 


Reilly 


06/07/93 


92 DHR 1785 


Gray 


09/17/93 


93 DHR 0010 


Bee ton 


03/11/93 


93 DHR 0102 


Morgan 


10/05/93 


93 DHR 0332 


Morgan 


09/23/93 


93 DHR 0373 


Morgan 


07/20/93 


93 DHR 0378 


Nesnow 


09/10/93 


93 DHR 0379 


Gray 


06/28/93 


93 DHR 0418 


Morgan 


08/26/93 


93 DHR 0441 


Chess 


07/26/93 


93 DHR 0535 


Mann 


10/22/93 


93 DHR 0566 


Chess 


09/17/93 


93 DHR 0679 


Becton 


09/30/93 


93 DHR 0737 


Chess 


09/23/93 


93 DHR 0782 


Nesnow 


09/09/93 



PUBLISHED DECISION 
REGISTER CITATION 



8:7 NCR 632 



INSURANCE 



Carolyn M. Hair v. St Emplcyees Comprehensive Major Medical 
Scotland Memorial Hospital, Mary Home Odom v. Bd. /Trustees// 
St. of N-C. Teachers' &. St. Emp. Comp. Major Medical Plan, and 
David G. Devries, as Exec. Admin, of the N.C. Teachers' &. St. Emp. 
Comp. Major Medical Plan 
Phyllis C. Harris v. Teachers* &. St. Emp. Comp. Major Med. Plan 

JUSTICE 

Philip B. Gates v. Justice, Attorney General's Office 

Jennings Michael Bostic v. Sheriffs' Ed. &. Trailing Stds. Comm. 

Colin Carlisle Mayere v. Sheriffs' Ed. & Trainir^ Stds. Comm. 

Jennings Michael Bostic v. Sheriffs' Ed. & Tranii^ Stds. Comm. 

Michael Charles Ketshner v. Criminal Justice Ed & Training Stds Comm 

George Willon Hawkins v. Criminal Justice Ed. &. Trainirg Stds. Comm. 

Marilyn Jean Britt v. Criminal Justice Ed. & Training Stds. Comm. 

Tim McCoy Deck v. Criminal Justice Ed. & Training Stds. Comm. 

Richard Zander Frink v. Criminal Justice Ed. & Traning Stds. Comm. 

Sherri Ferguson Revis v. Sheriffs' Ed. & Trainir^ Stds. Comm. 

Mark Thomas v. Sheriffs* Ed. & Training Standards Commission 

George Wilton Hawkins v. Sheriffs' Ed. & Training Stds. Comm. 

Lonnie Allen Fox v. Sheriffs' Ed. & Trainir^ Standards Commission 

Alarm Systems Licensing Bd. v. Eric Hoover 

Alarm Systems Licensing Bd. v. Vivian Darlene Gaither 

Rebecca W Stevenson v. Criminal Justice Ed. & Training Stds. Comm. 

Llcyd Harrison Bryant Jr. v. Criminal Justice Ed &. Training Stds Comm 

William B. Lipscomb v. Private Protective Services Board 

Private Protective Svcs. Bd. v. Fred D. Rector 

Private Protective Svcs. Bd. v. Alan D. Simpson 

William M. Medlin v. Sheriffs' Ed. & Training Stds. Comm. 

Carl Michael O'Byme v. Alarm Systems Licensing Board 



92 INS 1464 
92 INS 1791 



93 INS 0197 



Chess 
Reilly 



Nesnow 



03/10/93 
08/19/93 



07/29/93 



90 DOJ 0353 


Morgan 


08/30/93 


8:13 NCR 1281 


92 DOJ 0656*' 


West 


06/22/93 




92 DOJ 0761 


Morrison 


05/10/93 




92 DOJ 0829*' 


West 


06/22/93 




92 DOJ 0869 


Morgan 


08/11/93 




92 DOJ 1081*' 


Morgan 


07/09/93 




92 DOJ 1088 


Morrison 


03/16/93 




92 DOJ 1367 


Chess 


04/01/93 




92 DOJ 1465 


Nesnow 


05/28/93 




92 DOJ 1756 


Gray 


03/23/93 




93 DOJ 0151 


West 


04/21/93 




93 DOJ 0156*' 


Morgan 


07/09/93 




93 DOJ 0196 


Morrison 


08/09/93 




93 DOJ 0201 


Becton 


07/12/93 




93 DOJ 0202 


Chess 


05/10/93 




93 DOJ 0357 


Morrison 


09/13/93 




93 DOJ 0377 


Reilly 


08/31/93 




93 DOJ 0458 


Morrison 


06/01/93 




93 DOJ 0479 


Mann 


08/19/93 




93 DOJ 0480 


West 


07/21/93 




93 DOJ 0569 


Chess 


10/06/93 




93 DOJ 0844 


Nesnow 


09/08/93 


8:13 NCR 1300 



LABOR 



) 



Greensboro Golf Center, Inc. v. Labor 
Ronald Dennis Hunt v. Labor 
Jeffrey M. McKinney v. l^bor 

MORTUARY SCIENCE 

Boaid of Mortuary Science v. Triangle Funeral Chapel, Inc. 



92 DOL 0204 
92DOL 1319 
92 DOL 1333 



92 EMS 1169 



Nesnow 04/15/93 

Morgan 06/17/93 

Morrison 06/21/93 



Reilly 



04/29/93 



8:4 NCR 396 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



1549 



CONTESTED CASE DECISIONS 



AGENCY 



PUBLIC INSTRUCTION 

Arnold O, Herring v. Public Instruction 

Frances F. Davis, I^rent of Joseph E. Da\'is v. Public Instruction 

Donna Marie Snyder v. Public Inslniction 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



91 EDC 0858 


Bee ton 


10/20/93 


93 EDC 0628 


Mann 


07/29/93 


93 EDC 0731 


Nesnow 


09/16/93 



PUBLISHED DECISION 
REGISTER CITATION 



I 



STATE PERSONNEL 



Frances K. Pate v. Transportation 

Lawrence D. Wllkie, Jerry R. E\'aas, Jules R. Hancart, 

James H. Johnson, James D. Fishel v. Justice 
Lawrence D. Wilkie, Jerr) R. E\'ans, Jules R. Hancart. 

James H. Johnson, James D. Fishel v. Justice 
Lawrence D. UlUcie, Jerrv' R- E\'ans, Jules R. Hancart. 

James H. Johnson, James D. Fishel v. Justice 
Lawrence D. Ullkie, Jerry R- E\-ans, Jules R. Hancart, 

James H. Johnson, James D. Fishel v. Justice 
Lawrence D. V^llkie, JerT>' R. E\'aiis, Jules R. Hancart, 

James H. Johnson. James D. Fishel v. Justice 
Connie B. Lee v. Justice 

Donald Allen Rutschman v. UNC Greensboro, Office of Human Res. 
Bemie B. Kellly v. Correction 
Brcnda G. Mitchell v. Correction 
Walton M. Pitt man v. Correction 

Adolph Alexander Justice Jr. v. Motor Vehicles, Transportation 
Clayton Brewer \'. North Carolina State University 
Sherman D^e v. Transportation 
Donnie NL Vv*hite v. Correction 

Gregory Samuel T^rker v. Environment, Health, &. Natural Resources 
Renee E. Shepherd v. Vvlnston-Salem State University 
E\'a Doclcery v. Human Resources 

Lee P. Crosby v. Michael Kelly. William Meyer and EHR 
William Marshall Bc^d Jr. v. County Commissioners of H>de & 

Certain Board of Health Members 
Gregory Samuel Parker v. Environment, Health. &. Natural Resources 
Willie Granville Bailey v.Vv'inston-Salem State University 
Mattie W Smith v. State Agricultuial and Technical University 
Julia Spinks v, Em'inonmenl, Health, &. Natural Resources 
James B. Price v. Transportetion 
I. Carv Nailling v. UNC-CH 
Deborah Barber v. Com^ction 
La^eme B. Hill v. Transporbtion 
Jimmy D. Wilkins v. TransporQlion 

Sarah W Bntt v. Human Resources. C.A. Dillon School. CPS 
Charles Robinson v. Revenue 

Anna L. Spencer v. Mecklenburg County Area Mental Health 
Herman James Goldstein v. UNC-Chapel Hill et aL 
Ronnie H. Mozingo v. Correction 
Glinda C. Smith v. Wildlife Resources Commission 
Cindy G. Bartlett v. Correction 

William Kenneth Smith Jr. v. Broughton Hospital (Human Resources) 
Larry O. Nobles v. Human Resources 

Beatrice Wheless v. Lise M. Miller; University Payroll Off.. NC St. Univ. 
Tracey Hall v. N.C. Central U., Off. of Scholarship & Student Aid 
Sondra Williams v. Winston-Salem State University 
Willie Thomas Hope v. Transpor&tion 
David Scales v. Correction 

Suzarme Ransley Hill v. En\'irc>nment, Health. &. Nat. Res. 
Herman James Goldstein v. UNC-Chapel Hill et al. 
Charles NL Blackwelder v. Correction 

Beatrice Wheless v. Lise M. Miller; University Payroll Off.. NC St. Umv. 
John B. Sauls v. Wake County Health Department 
Patti G. New-some v. TransporQtion 

Nancy McAllister v. Camden County Department of Social Services 
Gilbert Jaeger v. Wake County Alcoholism Treatment Center 
Joseph Henry Bishop v. Eir-irtinment, Health, Sc Natural Res. 
Glenn D. Fiiqua v. Rockingham County Board of Social Ser^'ices 



88 OSP 0340 Morrison 05/03/93 

90 OSP 1064** Mann 05/04/93 



90 OSP loes** 


Mann 


05/04/93 


90 OSP 1066*' 


Mann 


05/04/93 


90 OSP 1067*" 


Mann 


05/04/93 


90 OSP 1068** 


Mann 


05/04/93 


91 OSP 0011 


Morgan 


10/05/93 


91 OSP 0305 


Chess 


10/19/93 


91 OSP 0344 


Morrison 


05/27/93 


91 OSP 0625 


West 


03/08/93 


91 OSP 0805 


Morgan 


10/06/93 


91 OSP 0860 


Chess 


07/19/93 


91 OSP 0941 


West 


04/02/93 


91 OSP 0951 


West 


05/07/93 


91 OSP 1236 


Morgan 


04/05/93 


91 OSP 1344*' 


Chess 


05/20/93 


91 OSP 1391 


Morgan 


04/28/93 


92 OSP 0010 


Chess 


05/03/93 


92 OSP 0056 


Gray 


06/07/93 


92 OSP 0090 


Gray 


08/25/93 


92 OSP 0188*> 


Chess 


05/20/93 


92 OSP 0285 


Morrison 


03/10/93 


92 OSP 0298*'= 


ReiUy 


09/14/93 


92 OSP 0313 


Bee ton 


04/12/93 


92 OSP 0375 


Gray 


04/13/93 


92 OSP 0394 


Bee ton 


04/20/93 


92 OSP 0396 


Chess 


03/04/93 


92 OSP 0431*' 


West 


03/08/93 


92 OSP 0432*" 


West 


03/08/93 


92 OSP 0455 


West 


05/26/93 


92 OSP 0553 


Morgan 


07/21/93 


92 OSP 0584 


Beclon 


08/16/93 


92 OSP 0634 


Morrison 


05/04/93 


92 OSP 0644 


Mann 


10/11/93 


92 OSP 0653 


Morrison 


03/12/93 


92 OSP 0671 


Morgan 


06/08/93 


92 OSP 0684 


Becton 


05/10/93 


92 OSP 0732 


Mann 


04/23/93 


92 OSP 0744*"' 


Morgan 


07/16/93 


92 OSP 0815 


Morgan 


09/16/93 


92 OSP 0847 


Morrison 


08/06/93 


92 OSP 0947 


Morgan 


03/23/93 


92 OSP 0989 


Chess 


06/24/93 


92 OSP 0992 


ReiUy 


03/18/93 


92 OSP 1047 


Morrison 


05/04/93 


92 OSP 1082 


Morrison 


10/15/93 


92 OSP 1124*"' 


Morgan 


07/16/93 


92 OSP 1142 


Reilly 


03/08/93 


92 OSP 1180 


Becton 


09/22/93 


92 OSP 1185 


Chess 


09/07/93 


92 OSP 1204 


Reilly 


05/10/93 


92 OSP 1243 


Reilly 


03/05/93 


92 OSP 1318 


Morrison 


08/03/93 



8:15 NCR 1498 



8:1 NCR 75 



8:3 NCR 306 



i 



8:4 NCR 382 



8:6 NCR 484 



:2 NCR 224 
:15 NCR 1500 



:1 NCR 88 
:14 NCR 1346 



f 



1550 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



CONTESTED CASE DECISIONS 



1 



) 



AGENCY 



Dorothy D. Johnson v. Correction 

Willie L. Hudson v. Correction 

Brenda K. Campbell v. Emplcyment Security Commission 

Christie L. Guthrie v. Environment, Health, & Natural Resources 

Sharon Reavis v. Crime Control & Public Safety 

James B. Price v. Transportation 

Jerry L. Jones v. N.C.S.U Physical Plant 

Mattie W. Smith v. State Agricuhuial and Technical University 

Gina Renee Cox v. UNC Chapel Hill 

Roland W. Holden v. Univereity of North Carolina at Chapel Hill 

Betty Bradsher v. UNC-CH 

Anthony M. Little v. Human Resources, John Umstead Hospital 

Jannie C. Sykes v. Emplcyment Security Commission 

Jamal Al Bakkat-Morris v. Glenn Sexton (DSS) 

Rebecca Beauchesne v. University of North Carolina at Chapel Hill 

Brenda Kay Barnes v. Human Resources 

L^rry G. Riddle v. Correction, Division of Prisons 

Stevie E. Dunn v. Polk Youth Center 

Buforcl D. Vieregge Jr. v. N.C. Stale University, University Dining 

Dorothy Ann Harris v. Com^tion 

Brenda B. Miles v. University of North Carolina Chapel Hill 

Deborah J. Whitfield v. Caswell Center 

Karen Canter v. Appalachian State University 

Terry Steve Brown v. Iredell County Health Department 

Barbara A. Johnson v. Human Resources 

Carrie P. Smith v. County of Stanly 

George W. Allen v. Human Resources, Correction, Agri Si. EHNR 

William G. Fisher v. St Bd of Ed, Albermarie City Schools & Bd of Ed 

Grace Jean Washir^ton v. Caswell Center 

Ralph Snipes v. Transportation and Correction 

Clifton E. Simmons v. Correction 

Willie L. James v. Caswell Center 

Irving S. Rodgers v. C.A. Dillon, Division of Youth Services 

Richard E. Howell v. Correction, Wayne Correctional Center 

Brian Dale Earnhardt v. State Highway Patrol 

RR. "Don" Bowen v. Human Resources 

Michael L. Pegram v. Correction 

Jerry D. Doss Sr v. Correction 

Debbie Renee Robinson v. Correction 

Linda R. Wharton v. N.C. A & T University 

Michael L. Pegram v. Correction 

Ralph W. Bureham v. Transportation 

Hubert L. Holmes v. Transportation 

Timothy E. Blevins v. UNC A/K/A Western Carolina University 

Xantippe Black\wll v. Human Resources, Murdoch Center 

Wayne Bradley Johnson v. Stale Computing Center 

Harold Kovolenko v. Lynn C. Phillips, Director of Prisons 

Daniel Thomas Wheeler, Kye Lee Wheeler v. Caldwell County 

Department of Social Services 
Terry Johnson v. Correction 
Kathleen E. Conran v. New Bern Police Dept., City of New Bern; and 

City of New Bern Police Civil Service Board 
Berton Hamm Jr. v. Wake County Child & Family Services 
John R. Woods Sr. v. Wake County Child &. Family Services 
Coleman F. Tyrance Jr. v. Wake County Child & Family Services 
John Augusta Page v. Wake County Child & Family Services 
Thomas James v. Wake County Child & Family Services 
James E. Hargrove v. Wake County Child & Family Services 
Ricky Harrell v. Wake County Child & Family Services 
Bruce Creec7 v. Wake County Child & Family Services 
Dana Phillips v. Administrative Office of ihe Courts 
Terry P. Chappell v. Correction 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


92 OSP 1395 


Nesnow 


10/29/93 




92 OSP 1468 


Becton 


05/26/93 




92 OSP 1505 


Morrison 


03/17/93 




92 OSP 1555 


Becton 


05/31/93 




92 OSP 1606 


Morrison 


08/19/93 


8:12 NCR 1163 


92 OSP 1657 


Mann 


03/19/93 




92 OSP 1661 


Chess 


07/06/93 




92 OSP 1691*1= 


Reilly 


09/14/93 




92 OSP 1692 


Becton 


10/18/93 




92 OSP 1715 


Becton 


08/30/93 


8:13 NCR 1292 


92 OSP 1733 


Becton 


03/30/93 




92 OSP 1734 


Becton 


09/01/93 




92 OSP 1738 


Gray 


10/25/93 




92 OSP 1741 


Becton 


03/24/93 




92 OSP 1767 


Becton 


10/01/93 




92 OSP 1768 


Morrison 


03/17/93 




92 OSP 1774 


Gray 


04/26/93 




92 OSP 1789 


Becton 


04/19/93 




92 OSP 1796 


Morrison 


05/27/93 




93 OSP 0013 


Morrison 


09/15/93 




93 OSP 0033 


Morrison 


09/10/93 




93 OSP 0064 


West 


09/20/93 




93 OSP 0079 


Reilly 


06/15/93 




93 OSP 0101 


Morgan 


08/06/93 




93 OSP 0103 


Morrison 


03/17/93 




93 OSP 0109 


Becton 


04/01/93 




93 OSP 0111 


Reilly 


04/16/93 




93 OSP 0134 


Becton 


04/20/93 




93 OSP 0153 


Morgan 


06/03/93 




93 OSP 0157 


Mann 


10/29/93 




93 OSP 0159 


Morrison 


04/21/93 




93 OSP 0171 


Morgan 


05/27/93 




93 OSP 0177 


West 


04/21/93 




93 OSP 0245 


Gray 


08/25/93 




93 OSP 0251 


Reilly 


07/27/93 




93 OSP 0253 


Morgan 


08/06/93 




93 OSP 0275** 


Reilly 


06/28/93 




93 OSP 0287 


Gray 


05/17/93 




93 OSP 0383 


Nesnow 


06/07/93 




93 OSP 0456 


Chess 


09/22/93 




93 OSP 0472** 


Reilly 


06/28/93 




93 OSP 0493 


Chess 


10/15/93 


8:16 NCR 1558 


93 OSP 0572 


Reilly 


08/17/93 




93 OSP 0604 


Morgan 


09/29/93 




93 OSP 0632 


Reilly 


09/01/93 




93 OSP 0694 


Chess 


10/11/93 




93 OSP 0697 


Nesnow 


09/08/93 




93 OSP 0752 


Nesnow 


09/16/93 




93 OSP 0757 


Gray 


10/06/93 




93 OSP 0797 


Morrison 


09/21/93 




93 OSP 0809 


Becton 


10/27/93 




93 OSP 0810 


Becton 


11/02/93 




93 OSP 08 11 


Becton 


11/02/93 




93 OSP 0812 


Becton 


11/02/93 




93 OSP 0813 


Becton 


11/02/93 




93 OSP 0814 


Becton 


11/02/93 




93 OSP 0815 


Becton 


11/02/93 




93 OSP 0816 


Becton 


11/02/93 




93 OSP 0822 


West 


09/09/93 




93 OSP 0834 


Nesnow 


10/11/93 





) 



STATE TREASURER 

Juanita M. Braxlon v. Bd. of Trustees /Teachers' & St Emp Ret Sys 
Herman D. Brooks v. Bd of Trustees/Teachers' & St Emp Rel Sys 
Henrietta Sandlin v. Teachers' &. State Emp Comp Major Medical Plan 



91 DST00I7 


West 


09/07/93 


91 DST 0566 


Gray 


04/13/93 


92 DST 0305 


Morgan 


04/12/93 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



1551 



CONTESTED CASE DECISIONS 



AGENCY 



Frances Billingsley v. Bd/Trustees/Teachers" &. St. Emp. Ret. Sys. 
Dennis Willoughby v. Bd./Trustees/Teachcts' & St. Emp- Ret. Sys. 
Mary Alyce Carmichael v. Bd/Truslees/Teacheis' & St Emp Ret Sys 
W. Rex Perry v. Bd/Trustees/Teacheis' & St Emp Ret Sys 
Rory Dale Swiggett v. Bd.rTmstees/N.C. Local GovtI. Emp. Ret. Sys. 

TRANSPORTATION 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


92 DST 0996 


West 


09/20/93 


92 DST 1439 


West 


09/20/93 


92 DST 1506 


Chess 


04/08/93 


93 DST 0133 


West 


08/12/93 


93 DST 0198 


West 


09/28/93 



PUBLISHED DECISION 
REGISTER CITATION 



8:14 NCR 1356 



8:11 NCR 992 
8:14 NCR 1360 



I 



Yates Coitsttiiction Co. , Inc. v. Transpoilation 
UNTVERSITY OF NORTH CAROLINA HOSPITALS 



92 DOT 1800 Mot^an 03/25/93 



Constance V. Graham v. UNC Hospital 
Jacqueline Florence v. UNC Hospitals 



93 UNC 0269 
93 UNC 0355 



Morgan 
Bee ton 



07/20/93 
06/16/93 



I 



t 



1552 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF DARE 



IN THE OmCE OF 

ADMINlSTRATrVE HEARINGS 

93 ABC 0433 



N.C. ALCOHOLIC BEVERAGE CONTROL 
COMMISSION, 

Petitioner, 



GEORGE OLIVER O'NEAL m 
T/A THE RED DRUM FOOD MART, 
Respondent. 



RECOMMENDED DECISION 



The above-captioned matter was heard by Michael Rivers Morgan, Administrative Law Judge on 
August 17, 1993 in Manteo, North Carolina. 

APPEARANCES 

Larry S. Height, Chief Agency Legal Specialist, for the Petitioner. 

Christopher L. Seawell, Aldridge, Seawell and Khoury, for the Respondent. 

ISSUE 

Whether an employee of the Respondent's business sold or gave malt beverages to Jennifer Gray, a 
person less than 21 years of age, on the licensed premises on or about December 21, 1992 at 7:00 p.m. 

FINDINGS OF FACT 

Based upon the evidence admitted at the hearing, the undersigned administrative law judge finds the 
following facts: 

1. Jimmy Ray O'Neal, 27-year-old brother of the Respondent individual, was a temporary employee of 
the Respondent establishment on December 21, 1992. 

2. On December 21, 1992 O'Neal was working at the Respondent establishment from 3:00 p.m. until 
7:00 p.m. 

3. Stacy Meekins was employed with the Respondent establishment on December 21, 1992, working at 
the business on this date from 3:00 p.m. until 9:00 p.m. 

4. O'Neal was a stock person and Meekins was a cashier with the Respondent establishment, with 
O'Neal being in charge of the premises. 

5. Jack Gray, a 20-year-old friend of O'Neal, entered the Respondent establishment a little before 7:00 
p.m. 

6. O'Neal and Gray were close friends who "hung out" together almost every night. 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



1553 



CONTESTED CASE DECISIONS 



7. Inside the Respondent establishment. Gray asked O'Neal about going to see a movie later in the 
evening. 

8. Gray's sister Jennifer, who was 17 years of age, drove into the parking lot of the Respondent 
establishment while Gray and O'Neal were inside the business. 

9. Jack Gray exited the Respondent establishment to speak with his sister in the business' parking lot. 

10. Jennifer Gray gave Jack Gray some money outside the Respondent establishment and asked him to 
get her some beer. 

1 1 . Jack Gray re-entered the Respondent establishment after his conversation with Jennifer Gray outside 
of the store. 

12. Jack Gray asked O'Neal to purchase beer for Jennifer Gray, whom O'Neal knew was underaged for 
the purpose of buying alcoholic beverages. 

13. Jack Gray gave O'Neal a total of $8.00--l $5.00 bill and 3 $1.00 bills which Jennifer Gray had given 
to her brother in the Respondent establishment's parking lot— inside of the Respondent establishment 
and O'Neal put the $8.00 in his pocket. 

14. O'Neal and other individuals had purchased beer for Jack Gray on previous occasions. 

15. O'Neal and Jack Gray conducted their conversation and exchange of money behind Meekins, who 
could not hear the two men's conversation nor see the money being passed. 

16. Jack Gray left the Respondent establishment to go to his home to prepare to attend a movie. 

17. Jennifer Gray was outside of the Respondent establishment seated alone in the vehicle which she was 
operating. 

18. Meekins saw Jennifer Gray sitting in a vehicle in the Respondent's parking lot. 

19. O'Neal was performing duties for the Respondent establishment at the time that he accepted the 
money from Jack Gray to purchase beer for Jennifer Gray. 

20. Although the arrangements for O'Neal's purchase of beer for Jennifer Gray were made prior to 
O'Neal's completion of his work period at the Respondent establishment, O'Neal did not purchase 
the beer for Jennifer Gray upon his receipt of the money from Jack Gray because O'Neal wanted to 
keep the Respondent establishment out of the beer purchase transaction while O'Neal was still on duty 
at the store. 

21. O'Neal was scheduled to get off of work at the Respondent establishment at 7:00 p.m. and to be 
relieved by the Respondent establishment's manager Stanley Meekins, the father of Stacy Meekins. 

22. Stanley Meekins arrived at the Respondent establishment just prior to 7:00 p.m. on December 21, 
1992 in order to take over the supervisory duties of the Respondent establishment from O'Neal. 

23. Jennifer Gray was seated in a vehicle in the Respondent's parking lot when Stanley Meekins arrived 
at the business. 

24. O'Neal saw Stanley Meekins drive a vehicle into the Respondent establishment's parking lot and knew 
that it was about time for O'Neal to get off of work. 



1554 8:16 NORTH CAROLINA REGISTER November 15, 1993 



CONTESTED CASE DECISIONS 



25. O'Neal had been performing work duties for the Respondent establishment such as sweeping and 
stocking up to the time that Stanley Meekins arrived at the business. 

26. When Stanley Meekins arrived at the Respondent establishment, O'Neal put away the broom and went 
to the beer cooler, which was located in the rear left comer of the Respondent establishment. 

27. O'Neal obtained a "long-neck" 12-pack of Budweiser beer from the Respondent establishment's beer 
cooler and then went to the Respondent establishment's walk-in cooler and got a case of Michelob 
beer. 

28. O'Neal placed the beer on the check-out counter of the Respondent establishment upon Stanley 
Meekins' arrival at the store. 

29. When Stanley Meekins first arrived at the Respondent establishment, he cleared away trash and cans 
from the newspaper bins in front of the Respondent establishment prior to entering the business. 

30. O'Neal purchased the beer about 7:01 p.m. or 7:02 p.m. on December 21, 1992 from the Respondent 
establishment. 

31. Stacy Meekins sold the beer to O'Neal at the Respondent establishment on December 21, 1992. 

32. Stacy Meekins registered O'Neal's beer purchases from the Respondent establishment as two separate 
sales. 

33. Stacy Meekins did not know that O'Neal was purchasing the Budweiser beer for Jennifer Gray. 

34. Stacy Meekins was giving O'Neal his change from the beer purchases as Stanley Meekins entered the 
Respondent establishment. 

35. O'Neal considered himself to be "ofF-duty" from his work with the Respondent establishment upon 
Stanley Meekins' arrival at the store. 

36. O'Neal considered himself to be "off-duty" from his work with the Respondent establishment when 
he purchased the beer from the Respondent establishment. 

37. O'Neal left the Respondent establishment with the purchased beer and entered a vehicle which was 
occupied by Garland Midgett. 

38. O'Neal placed the beer in the back seat area of Midgett 's vehicle on the driver's side. 

39. O'Neal told Jennifer Gray that he could not give her the beer which he had purchased for her in front 
of the Respondent establishment, and he instructed Jennifer Gray to meet him in the parking lot of 
Lightkeeper's Station, a restaurant located about 100 yards south of the Respondent establishment. 

40. O'Neal wanted to give Jennifer Gray the beer off of the premises of the Respondent establishment in 
order that he would not involve the business in the beer transaction. 

41. In the parking lot of Lightkeeper's Station, O'Neal handed Midgett the beer which O'Neal had 
purchased for Jennifer Gray and Midgett then handed the beer to Jennifer Gray. 

42. Jennifer Gray was a fatality in a vehicular accident on December 21, 1992 and her death was alcohol- 
related. 

43. O'Neal pleaded guilty to the criminal offense of the sale of malt beverages to a person less than 21 
years of age. 



8:16 NORTH CAROLINA REGISTER November 15, 1993 1555 



CONTESTED CASE DECISIONS 



44. The Respondent individual "laid off" O'Neal from being employed at the Respondent establishment 

because of O'Neal's sale of beer to the minor Jennifer Gray. 

CONCLUSIONS OF LAW 

1. North Carolina General Statutes Section I8B-302(a)(l) states that it shall be unlawful for any person 
to sell or give malt beverages or unfortified wine to anyone less than 21 years old. 

2. North Carolina General Statutes Section 186-101(13) defines the term "sale," with regard to alcoholic 
beverages, as "any transfer, trade, exchange, or barter, in any manner or by any means, for 
consideration." 

3. Title 4, Chapter 2S, Rule .021 1 of the North Carolina Administrative Code states, in pertinent part, 
that no permittee or his employee shall sell, offer for sale, possess or knowingly permit the possession 
or consumption on the licensed premises of any kind of alcoholic beverages, the sale or possession 
of which is not authorized by the ABC laws. 

4. 4 NCAC 2S .0101(1) defines the term "employee" as "any person who performs a service for any 
person holding an ABC permit, regardless of whether that person is compensated for the performance 
of those services." 

5. Jimmy Ray O'Neal was not performing a service for the Respondent establishment, and hence was 
not acting as an employee of the Respondent establishment, at the time that O'Neal purchased malt 
beverages at the Respondent establishment for the minor Jennifer Gray at about 7:01 p.m. or 7:02 
p.m. on December 21, 1992 after O'Neal's work obligations for the Respondent establishment had 
ended at 7:00 p.m. 

6. Jimmy Ray O'Neal did not sell, offer for sale or permit the possession on the Respondent 
establishment's premises of malt beverages by the minor Jennifer Gray on December 21, 1992 in 
O'Neal's capacity as an employee of the Respondent establishment. 

7. The Respondent establishment, through its employee Stacy Meekins, lawfully sold malt beverages to 
Jimmy Ray O'Neal at about 7:01 p.m. or 7:02 p.m. on December 21, 1992 after O'Neal's completion 
of his employee activities for the Respondent establishment in performing services. 

8. Jimmy Ray O'Neal, in an unlawful transaction which was independent, separate and apart from his 
lawful purchase of malt beverages from the Respondent establishment on December 21, 1992, sold 
malt beverages to the minor Jennifer Gray in the parking lot of the restaurant Lightkeeper's Station 
upon transfer of malt beverages to Jennifer Gray for consideration of money which Jack Gray had 
given to O'Neal on Jennifer Gray's behalf. 

9. Jimmy Ray O'Neal's receipt of Jennifer Gray's money from Jack Gray on December 21, 1992 while 
serving as an employee of the Respondent establishment on its licensed premises did not constitute 
a sale of malt beverages by O'Neal to Jennifer Gray, because O'Neal did not transfer, trade, exchange 
or barter the malt beverages--and did not purchase the malt beverages--while serving as an employee 
of the Respondent establishment. 

10. An employee of the Respondent's business did not sell or give malt beverages to Jennifer Gray, a 
person less than 21 years of age, on the licensed premises on or about December 21. 1992 at 7:00 
p.m. 

RECOMMENDATION 

It is recommended that the Petitioner North Carolina Alcoholic Beverage Control Commission refrain 
from taking any action against the Respondent. 



1556 8:16 NORTH CAROLINA REGISTER November 15, 1993 



CONTESTED CASE DECISIONS 



^ 



ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative 
Hearings, P.O. Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statute 



^ 150B-36(b). 



NOTICE 



The agency making the final decision in this contested case is required to give each party an 
opportunity to file exceptions to this recommended decision and to present written arguments to those in the 
agency who will make the final decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to 
furnish a copy to the parties' attorney of record and to the Office of Administrative Hearings . 

The agency that will make the final decision in this contested case is the North Carolina Alcoholic 
Beverage Control Commission. 

This the 1st day of November, 1993. 



Michael Rivers Morgan 
Administrative Law Judge 



) 



8:16 NORTH CAROLINA REGISTER November 15, 1993 1557 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA IN THE OFFICE OF 

ADiMINISTRATrVE HEARLNGS 
COUNTY OF DAVIDSON 93 OSP 0493 



RALPH VV. BLIRCHAM, 

Petitioner, 



V. 



NORTH CAROLINA DEPARTMENT OF 
TR.ANSPORTATION, 
Respondent. 



FINAL DECISION 



This matter was set for hearing before the undersigned Administrative Law Judge in Raleigh, North 
Carolina on September 27. 1993. Prior to the hearing on the merits, the Administrative Law Judge heard 
argument on a motion to dismiss that had been filed by the Respondent. The Respondent, through its 
attorney, had moved for the dismissal of this contested case due to lack of subject matter jurisdiction in the 
Office of Administrative Hearings, pursuant to Rule 12 of the North Carolina Rules of Civil Procedure and 
26 NCAC 3 .0001, .0015. After hearing the arguments of the parties and re\iewing the materials submitted, 
the Administrati\e Law Judge finds as follows: 

FINT)INGS OF FACT 

1 . The position of Transportation Supervisor II was posted as vacant from March 8-12, 1993. The 
Petitioner and sixteen other persons applied for the position. 

2. On May 12, 1993, the Petitioner v-as advised in a letter from Spencer B. Jennings, Field 
Operations Engineer, that someone else had been selected for the position. 

3. On May 14, 1993, the Petitioner filed a Petition for Contested Case Hearing, alleging that he had 
been denied the promotion in \iolation of the state policy of veteran's preference. 

4. The position at issue constituted a promotion for both the Petitioner and for the selected applicant. 

5. N.C.G.S. §126-80 is a general policy statement that the State of North Carolina will pro\ide 
preference for veterans in employment. 

6. N.C.G.S. §126-81 defines the term "veteran" and describes the other persons entitled to this 
preference. 

7. N.C.G.S. §126-82 establishes the mechanism of how the preference is to be accorded and the 
personnel actions to which the preference is applicable. Tliis subsection specifically lists hiring and reduction 
in force as the personnel actions to which the veterans" preference statute has application. No other personnel 
actions are specifically listed. 

CONCLUSIONS OF LAW 

I. Promotion is not specifically listed in N.C.G.S. §126-82 as a personnel action to which veterans" 
preference is applicable. 



1558 8:16 NORTH CAROLINA REGISTER November 15, 1993 



CONTESTED CASE DECISIONS 



2. The North Carolina State Personnel Manual, Section 2, pp 4 - 5.1 provides that the preference 
to be accorded veterans shall apply in initial selection and reduction in force situations only. 

3. 25 N.C.A.C. IH .0614 provides that the preference to be accorded eligible veterans shall apply 
in initial selection and reduction in force situations only. 

4. The Supreme Court has determined that "the jurisdiction of the OAH over appeals of state 
employee grievances derives not from Chapter 150B, but from Chapter 126." Batten v. Department of 
Correction . 326 NC 338, 342, 389 S.E.2d 35, 38 (1990). 

5. The primary rule of construction of a statute is to ascertain the intent of the legislature and to carry 
out such intentions to the fullest extent. Burgess v. Your House of Raleigh , 326 N.C. 205, 388 S.E.2d 134 
(1990); Buck y. Guaranty Co. , 265 N.C. 285, 144 S.E.2d 34 (1965). "The structure of the statute ... calls 
for application of the maxim, expressio unius est eclusio alterius, i.e., when certain things are specified in a 
statute, an intention to exclude all others from its operation may be inferred." Jolly y, Wright , 300 N.C. 83, 
89, 265 S.E.2d 135, 141 (1980), overruled on other grounds by McBride y, McBride , 334 N.C. 124, 431 
S.E.2d 14 (1993). "The rule of ejusdem generis dictates that 'where general words follow a designation of 
particular subjects or things, the meaning of the general words will ordinarily be presumed to be, and 
construed as, restricted by the particular designations and as including only things of the same kind, character 
and nature as those specifically enumerated.' " Delconte y North Carolina , 313 N. C. 384, 391, 329 S.E.2d 
636, 641 (1985) citing State y Fenner . 263 N. C. 694, 697, 140 S.E.2d 349, 352 (1965). The Petitioner's 
allegation regarding denial of promotion is not a claim to which veterans' preference applies. 

6. N.C.G.S. §126-82, the statute delineating the application of veterans' preference in employment, 
does not apply to promotion. 

DECISION 

The Petitioner has alleged the denial of promotion in violation of veterans' preference. The statutes, 
rules, and policies affording veterans' preference in employment apply only to initial selection and reduction 
in force situations. The employment action involved in this contested case is promotion; therefore, veterans' 
preference is inapplicable to the personnel action at issue in this contested case. Accordingly, this contested 
case is dismissed for lack of subject matter jurisdiction in the Office of Administrative Hearings. This 
constitutes a final decision under N. C. G. S. §150B-36(c). 

NOTICE 

In Order to appeal a final decision, the person seeking review must file a Petition in the Superior 
Court of Wake County or in the superior court of the county where the person resides. TTie Petition for 
Judicial Review must be filed within thirty (30) days after the person is served with a copy of the final 
decision. North Carolina General Statutes Section 150B-46 describes the contents of the Petition and requires 
service of a copy of the Petition on all parties. 

This the 15th day of October, 1993. 



Sammie Chess, Jr. 
Administrative Law Judge 



8:16 NORTH CAROLINA REGISTER November 15, 1993 1559 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF MECKLENBURG 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

93 ABC 0601 



€ 



N.C ALCOHOLIC BEVERAGE CONTROL 
COM>DSSION, 

Petitioner, 



JOSEPH ADU 

t/a A TO ZEE CONVENIENCE STORE, 
Respondent. 



RECOMMENDED DECISION 



The above-captioned matter was heard before Dolores O. Nesnow, duly-appointed Administrative Law 
Judge, on October 5, 1993. in Charlotte. North Carolina. 

APPEARANCES 



For Petitioner: 



For Respondent: 



Larry S. Height 

Chief Agency Legal Specialist 

P.O. Box 26687 

Raleigh. North Carolina 27611-6687 

Attorney for Petitioner 

Joseph Adu 

2212 The Plaza 

Charlotte, North Carolina 28205 

Respondent - appeared pro se 

ISSUE 



Did Respondent sell or give alcoholic beverages to a minor? 

STATUTE AND RULE IN ISSUE 

G.S. 18B-302(a)(l) 

Based upon careful consideration of the testimony and evidence presented at the hearing, the 
documents and exhibits received into evidence, and the entire record in this proceeding, the undersigned 
makes the following: 

1 . The Respondent holds the following permits issued by the North Carolina Alcoholic Beverage 

Control (ABC) Commission: 



€ 



Off premises beer 

Off premises fortified wine 

Off premises unfortified wine 



41296B 
41296F 
41296D 



2. The Respondent. Joseph Adu, is the permittee for the A to ZEE Convenience Store. 2212 

Plaza. Charlotte, North Carolina. 



i 



1560 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



CONTESTED CASE DECISIONS 



3. On Friday, January 29, 1993, at approximately 10:16 p.m.. Alcohol Law Enforcement (ALE) 
Agent Julie Holt entered the Respondent's store to purchase a soft drink. ALE Agent Lassiter was outside 
the Convenient Store waiting in the car for Agent Holt to return. 

4. Agent Holt testified that when she was inside the store she saw a youthful black male 
purchase two large bottles of beer. Agent Holt further testified that the male appeared to be under 21 years 
of age, that he was 5' 9" tall, slim, and was wearing a jacket. 

5. Agent Holt testified that the youthful black male purchased a 1.183 liter St. Ides Beer and 
650 milliliter Colt 45 Malt Liquor and that she was four feet away from the youthful male at the time of the 
purchase. 

6. Agent Holt further testified that there was another black male operating the register, that the 
cashier made the sale, gave the youthful male change, and put the beer in a bag. At that time, the youthful 
male exited the store and Agent Holt followed him. 

7. Agent Holt saw the male get into a car which was parked next to Agent Lassiter's car. 

8. Agent Holt testified that the car was "beat up", that there were three other individuals in the 
car, and that the youthful black male got into the backseat. 

9. Agent Holt testified that the car pulled out of the parking lot and she and Agent Lassiter 
followed in their car. She further testified that they stopped the "beat up" car about 50 yards from the 
Respondent premises. 

10. Agent Holt testified that she approached the car, identified herself, and asked the youthful 
black male for his identification. 

n. Agent Holt further testified that the youthful black male stated that he did not have any 

identification but, that he was 19 years of age, and that his name was Marcus Carthran. 

12. Agent Holt called the name Marcus Carthran in on the police radio and it was verified that 
Marcus Carthran was 19 years of age. 

13. Agent Holt testified that she and Agent Lassiter did a pat-down search and did not find any 
identification on the youthful male. 

14. Agent Holt testified that she asked the youthful male where he got the beer and he said "at 
the A to Zee Store. " Agent Holt testified that she asked if the cashier had asked for identification and the 
youthful male said, "No." 

15. Agent Holt testified that she confiscated two bottles of beer from the car. 

16. Agent Lassiter and Agent Holt then escorted Carthran to the store and entered the store along 
with him. 

17. Agent Holt later determined that the cashier was Joseph Adu, the Respondent in the case. 
Agent Holt said Mr. Adu stated to her at that time that there was another black male who told him that 
Marcus Carthran was 21 years of age. 

18. Agent Holt further testified that she did not see a picture identification or any other 
identification of Marcus Carthran at the scene and that subsequent to that night, she did not follow-up by 
finding any other definite identification on Marcus Carthran. She testified that the radio check she did on the 
scene was based only on the name which the youthful male gave her. 



8:16 NORTH CAROLINA REGISTER November 15, 1993 1561 



CONTESTED CASE DECISIONS 



19. Joseph Adu testified that on the night of January 29, 1993, he saw Agent Holt enter his store. 
He testified that when he is standing behind the counter, he can see almost the entire store. 

20. Mr. Adu testified that Agent Holt came in, walked around the store and then left. Nobody 
was in the store when she was there. 

21. Mr. Adu further testified that nobody purchased anything while Agent Holt was in the store. 

22. Mr. Adu further testified that he did not know Agent Holt was an ALE Agent at the time she 
entered the store or at the time she left. When she exited the store, he was concerned that she had come in 
to steal something since she had made no purchase. He followed her to the door and looked out through the 
glass door to see if there were any bulges in her pockets or if she had anything in her hands. He saw that 
her hands were empty and he could not discern any bulges so he then returned to the cash register. 

23. Mr. Adu further testified that after Agent Holt left, a red Toyota, which he testified was not 
"beat up" came up to the store and a young black male exited the car and entered the store. 

24. Mr. Adu testified that the young black male tried to buy a Colt 45 but when Mr. Adu asked 
for identification, the young male said that he did not have any identification but that he was 21. 

25. Mr. Adu testified that he stated to the young male that he did not believe him. The young 
male then exited the store and came in with another black male. 

26. Mr. Adu testified that the second black male was a "notorious drug dealer" known as Leon, 
and that Mr. Adu knows Leon who has been in his store many times. Mr. Adu testified that he had 
previously seen Leon's ID and knew him to be over 21 years of age. 

27. Mr. Adu testified that Leon stated he would buy the beer, which he did. He also purchased 
a single Black and Mild cigar. 

28. Mr. Adu testified that approximately 15 minutes after the two black males left the premises. 
Agents Holt and Lassiter returned with the younger of the two black males. 

29. Mr. Adu testified that he told them at the time that he didn't sell the beer to him; that he sold 
it to Leon, and Agent Lassiter said that the boy who bought the beer was also under 21 years of age. Mr. 
Adu stated, "No, that was not true. Leon was over 21 ." 

30. Mr. Adu testified that Agent Holt stated at the time she returned to the store that she had been 
in the store and saw the purchase. Mr. Adu responded to her stating that she had not been in the store and 
asked her if she would swear on a Bible. Agent Holt did not respond. Mr. Adu further testified "there is 
no way she could have been in the store and I didn't see her." 

31 . Mr. Adu testified that Leon purchased only one beer and one cigar and that Mr. Adu had had 
to open a package to sell him one cigar because Leon did not have enough money to buy more than his 
purchase of a single beer and a single cigar. 

32. Ted McManus is a middle-aged black male and a regular customer in Mr. Adu's store. Mr. 
McManus testified that when the young black male entered the store, Mr. McManus was at the microwave 
heating up a sandwich. Mr. McManus testified that Mr. Adu refused to sell the young black male the beer 
and that the young male went out the door "stamping his feet." Mr. McManus testified that an older black 
male then re-entered the store with the young male and bought the beer from Mr.Adu. Mr. McManus 
testified that he then paid for his own purchase and left the store. He testified that during the time he was 
there. Agent Holt was not present. 



1562 8:16 NORTH CAROLINA REGISTER November 15, 1993 



CONTESTED CASE DECISIONS 



33. After studying the demeanor of the witnesses, reconciling the evidence presented, deliberating 

on the facts and the testimony, it is the considered opinion of the undersigned that Mr. Adu's testimony is 
more credible and accurate than Agent Holt's. 

Based upon the foregoing Findings of Fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1 . The North Carolina Alcoholic Beverage Control Commission has the authority to revoke or 
suspend the permits of a permittee, fine a permittee or both for violations of Chapter 18B of the General 
Statutes or any regulation of the Commission. G.S. 18B-104, 203(12). 

2. G.S. 18B-302(a)(l) provides that it is unlawful for a person to sell or give malt beverages 
to a minor. 

3. Mr. Adu's testimony was rendered with such consistent detail and was supported by the 
testimony of a corroborating witness. More importantly, however, while it is not the opinion of the 
undersigned that Agent Holt would purposely falsify her testimony, it appears that Agent Holt may not 
remember this particular incident as specifically as she believes. 

Further, it is critically important to note that Agents Holt and Lassiter never confirmed that the boy 
they stopped in the car was, in fact, Marcus Carthran. Although that was the name which the boy provided 
and was the name which they verified in their radio call-in, there is no conclusive evidence that the boy was, 
in fact, "Marcus Carthran." 

Additionally, and also of some import, is the feet that the two large glass bottles of beer were taken 
from the car. It is clearly possible that one of the bottles was purchased elsewhere. 

Where witnesses' testimonies are directly opposite, the critical factor becomes a finding of credibility. 
This is a matter of judgment, a matter of study, a matter of comparing not only demeanor but facts, evidence, 
and plausibility to the credibility of the witnesses. Having studied each of the witnesses with great care and 
having compared the presentation of fects, in addition to the other finding of feet on credibility, it is hereby 
concluded that Mr. Adu's testimony was the most credible. 

4. It is concluded that Petitioner has foiled to meet its burden of showing that Respondent sold 
alcoholic beverages to a minor. 

Based upon the foregoing Findings of Fact and Conclusions of Law, the undersigned makes the 
following: 

RECOMMENDATION 

It is recommended that the Petitioner take no action against Respondent's permit. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative 
Hearings, P.O. Drawer 27447, Raleigh, N.C. 2761 1-7447, in accordance with North Carolina General Statute 
150B-36(b). 



8:16 NORTH CAROLINA REGISTER November 15, 1993 1563 



CONTESTED CASE DECISIONS 



NOTICE 

The agency making the final decision in this contested case is required to give each party an 
opportunity to file exceptions to this recommended decision and to present written arguments to those in the 
agency who will make the final decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to 
furnish a copy to the parties' attorney of record and to the Office of Administrative Hearings . 

The agency that will make the final decision in this contested case is the North Carolina Alcoholic 
Beverage Control Commission. 

This the 27th day of October, 1993. 



f 



Dolores O. Nesnow 
Administrative Law Judge 



I 



i 



1564 8:16 NORTH CAROLINA REGISTER November 15, 1993 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



1 he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, 
titles and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are further broken down into chapters which shall be numerical in order. The other two, 
subchapters and sections are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Cnme Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


I andscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heatmg & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Practicing Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & I ^nd Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Exammers 


60 






Sanitanan Examiners 


62 






Social Work Certification 


63 






Speech & Language Pathologists & Audiologists 


64 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



1565 



CUMULATIVE INDEX 



Pages 



CUMULATIVE INDEX 

(April 1993 - March 1994) 



Issue 



I 



1 - 92 1 - April 

93 - 228 2 - April 

229 - 331 3 - May 

332 - 400 4 - May 

401 - 455 5 - June 

456 - 502 6 - June 

503 - 640 7 - July 

641 - 708 8 - July 

709 - 792 9 - August 

793 - 875 10 - August 

876 - 1006 11 - September 

1007 - 1 184 12 - September 

1185 - 1307 13 - October 

1308 - 1367 14 - October 

1368 - 1512 15 - November 

1513 - 1568 16 - November 



Unless otherwise identified, page references in this Index are to proposed rules. 



ADMINISTRATION 

Administration's Minimum Criteria, 5 

Low-Level Radioactive Waste Management Authority, 232 

State Employees Combined Campaign, 1008 

ADMINISTRATIVE HEARINGS 

Civil Rights Division, 370 
General. 366 
Hearings Division, 1480 
Rules Division, 367 



I 



AGRICULTURE 

Aquaculture, 1212 
N.C. State Fair, 506 
Plant Industry', 513, 1212 
Standards Division, 1212 
Veterinary' Division, 515, 1212 

COMMERCE 

Alcoholic Beverage Control Commission, 408, 711, 1310 

Banking Commission, 408, 798, 1312 

Cemetery Commission, 810 

Savings Institutions Division: Savings Institutions Commission, 461 

State Ports Authority, 811 

COMMUNITY COLLEGES 

Community Colleges, 1527 



I 



1566 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



CUMULATIVE INDEX 



ENVIRONMENT, HEALTH, AlSfD NATURAL RESOURCES 

Coastal Management, 279, 571, 962, 1405 

Comprehensive Conservation and Management Plan, 882 

Departmental Rules, 465 

Environmental Management, 210, 556, 658, 797, 893, 1254 

Health Services, 283, 335, 425, 465, 572, 709, 762, 966, 1098, 1417 

Marine Fisheries, 28, 568 

Mining: Mineral Resources, 829 

NPDES Permit, 710 

Soil and Water Conservation Commission, 214, 1322 

Vital Records, 1525 

Wildlife Resources Commission, 32, 663, 831, 965, 1255, 1409 

Zoological Park, 337 

FINAL DECISION LETTERS 

Voting Rights Act, 4, 407, 460, 795, 880, 1371, 1514 

GENERAL STATUTES 

Chapter 7A, 1185 
Chapter 150B, 1187 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1, 93, 229, 332, 401, 456, 641, 793, 876, 1007, 1209, 1308, 1368, 1513 

HUMAN RESOURCES 

Aging, Division of, 815, 1372 

Blind, Services for the, 884 

Deaf and Hard of Hearing, Services for the, 650 

Facility Services. 94, 883, 1014, 1215, 1312, 1519 

Medical Assistance, 25, 414, 553, 712, 888, 1316 

Medical Care Commission, 644, 1312 

Mental Health, Developmental Disabilities and Substance Abuse Services, 7, 413, 516, 1086, 1217 

Social Services Commission, 237, 733, 1091, 1376 

INSURANCE 

Actuarial Services, 555, 657, 1249, 1321, 1403 
Agent Services Division, 1399 
Engineering and Building Codes Division, 1248 
Financial Evaluation Division, 1093, 1317 
Life and Health Division, 1094, 1318, 1400 
Medical Database Commission, 463, 737 
Property and Casualty Division, 1400 
Special Services Division, 1096 

JUSTICE 

Alarm Systems Licensing Board, 761 

Attorney General, Office of the, 28 

Criminal Justice Education and Training Standards Commission, 253 

Criminal Justice Standards Division, 241 

Departmental Rules, 1096 

Private Protective Services Board, 252, 890 

Sheriffs' Education and Training Standards Commission, 738 

LABOR 

OSHA, 97, 231, 278. 892, 1523 



8:16 NORTH CAROLINA REGISTER November 15, 1993 1567 



CUMULATIVE INDEX 



LICENSING BOARDS 

Architecture, 43 

Certified Public Accountant Examiners, 1418 

Cosmetic Art Examiners, 969, 1526 

Dental Examiners, State Board of, 763 

Electrolysis Examiners, Board of, 841, 1457 

Foresters, Registration for, 674 

Geologists, Board of, 285 

Landscape Architects, 1256 

Medical Examiners, Board of, 591, 1458 

Mortuary Science, Board of, 45, 342, 971, 1461 

Nursing, Board of, 1463 

Nursing Home Administrators, 346 

Occupational Therapy, 1469 

Opticians, Board of, 1261 

Pharmacy, Board of, 47, 354, 1326 

Physical Therapy Examiners, 53, 767 

Plumbing, Heating and Fire Sprinkler Contractors, 360 

Practicing Psychologists, Board of, 844 

Real Estate Commission, 53, 364 

Refrigeration Examiners, 1148, 1526 

Social Work. Certification Board for. 428 

Therapeutic Recreation Certification Board, 1328 



I 



LIST OF RLTES CODIFIED 

List of Rules Codified, 61, 290, 432, 593, 769, 845, 1264, 1535 

PL^LIC EDUCATION 

Elementary and Secondary' Education, 427, 470 

STATE PERSONNEL 

Office of State Personnel. 286, 972, 1262, 1472 

STATE TREASLHER 

Retirement Systems. 337. 1146 

TAX REVIE^^ BOARD 

Orders of Tax Review. 503. 1516 

TRANSPORTATION 

Highways. Division of. 669, 836 
Motor Vehicles, Division of, 1145 



i 



i 



1568 



8:16 



NORTH CAROLINA REGISTER 



November 15, 1993 



NORTH CAROLINA ADMINISTRATIVE CODE 



The full publication consists of 53 volumes, totaling in excess of 15,000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the full publication including supplements can be 
purchased for seven hundred and fifty dollars ($750.00). Individual volumes may also be purchased with 
supplement service. Renewal subscriptions for supplements to the initial publication are available at 
one-half the new subscription price. 



PRICE LIST FOR THE SUBSCRIPTION YEAR 



Volume 


Title 


Chapter 


New Total 
Subject Subscription* Quantity Price 


1 -53 


Full Code 

1 

2 

2 

3 

4 

4 

5 

5 

6 

7 

8 

9 
10 
10 
10 

10 
10 
10 
10 
10 
10 
10 
10 
10 
10 
10 
10 
10 
11 
12 
13 
13 
13 
14A 

15A 
15A 
15A 
15A 
15A 

09/93 


1 - 38 
1 -24 
25 -52 
1 -4 
1 -2 
3 - 20 
1 - 2 
3 -4 
1 -4 
1 - 12 
1 -9 
1 -4 

I -2 
3A - 3K 
3L-3R 

38- 3W 

4-6 

7 

8 -9 

10 

II - 14 
15 - 17 
18 

19- 30 
31 -33 
34-41 
42 

43 -51 
1 - 19 
1 - 12 
1 - 6 
7 

8 - 16 
1 - 11 

1 -2 
3 - 6 
7 

8 - 9 
10 


All titles 
Administration 
Agriculture 
Agriculture 
Auditor 

ECD (includes ABC) 
ECD 

Correction 
Correction 
Council of State 
Cultural Resources 
Elections 

Govemor/Lt. Governor 
Human Resources 
Human Resources 
Human Resources 
(includes CON) 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Human Resources 
Insurance 
Justice 
Labor 
OSHA 
Labor 

Crime Control and 
Public Safety 
EHNR (includes EMC) 
EHNR 

Coastal Management 
EHNR 
Wildlife 


$750.00 




1 


90.00 




2 


75.00 




3 


75.00 




4 


10.00 




5 


45.00 




6 


90.00 




7 


60.00 




8 


30.00 




9 


60.00 




10 


10.00 




11 


45.00 




12 


30.00 




13 


90.00 




14 


45.00 




15 


30.00 




16 


30.00 




17 


30.00 




18 


30.00 




19 


30.00 




20 


60.00 




21 


45.00 




22 


75.00 




23 


90.00 




24 


30.00 




25 


60.00 




26 


45.00 




27 


90.00 




28 


90.00 




29 


90.00 




30 


30.00 




31 


45.00 




32 


45.00 




33 


45.00 




34 


90.00 




35 


45.00 




36 


45.00 




37 


30.00 




38 


45.00 




REVISED 




Continued 



Volume 


Title 


Chapter 


New 
Subject Subscription* 


Quantity 


Total 
Price 


39 


15A 
15A 

16 

17 

17 

18 

19A 

20 

21 

21 

21 

22 

23 

24 

25 

26 


11-18 EHNR 90.00 
19-26 EHNR 

(includes Breathalizer) 75.00 
1 - 6 Education 30.00 
1 - 6 Revenue 75.00 
7-11 Revenue 60.00 
1 - 8 Secretary of State 30.00 
1 - 6 Transportation 90.00 
1 - 9 Treasurer 45.00 
1-16 Licensing Boards 75.00 
17 - 37 Licensing Boards 75.00 
38 - 70 Licensing Boards 
1 - 2 Administrative Procedures 75.00 
1 - 3 Community Colleges 10.00 
1 - 3 Independent Agencies 10.00 
1 State Personnel 60.00 
1 - 4 Administrative Hearings 10.00 

Subtotal 

(North Carolina subscribers add 6% sales tax) 

Total 






40 






41 






42 






43 






44 






45 






46 






47 






48 






49 






50 






51 






52 






53 





















( 



(Make checks payable to Office of Administrative Hearings.) 



This price includes the title in its current form plus supplementation for the subscription year. 



i 



MAIL TO: 



OFFICE OF ADMINISTRATIVE HEARINGS 

POST OFFICE DRAWER 27447 
RALEIGH, NORTH CAROLINA 27611-7447 



i 



REVISED 09/93 



LnL-\\9LZ BunoJB3 qjJON 'qSiaiB^i 

LmZ JaMBjQ O d 

sSuUBdH 3AHBJJSIUIIUPV JO 3Dyjo 



aSHH 
dWVlS 
33Vld 



FOLD HERE 



NORTH CAROLINA REGISTER 
ORDER FORM 



n Please enter my subscription for the North Carolina Register to start with the issue. 

($105.00)/year subscription) (N.C. Subscribers please add sales tax.) 

n Renew North Carolina Register 

n Check Enclosed D Please bill me 

Please make checks payable to Office of Administrative Hearings 

NAME ADDRESS 

CITY STATE ZIP 

PHONE 



(Return to Office of Administrative Hearings - fold at line, staple at bottom and affix postage.) 



CHANGE OF ADDRESS: 



1. Present Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



2. New Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



Office of Administrative Hearing 

P. O. Drawer 27447 

Raleigh. North Carolina 27611-7447 



THE LA-"'"'" 



U.S. POSTAOil^Vl 



•J 



H METER 372 0:i0 *i 



FIRST CLASS MAIL 



585 
UHIU. OF NORTH CftROLINft 
LAU LIBRARY CB8 3385 
UAN HECKE-aETTACH 064-A 
CHAPEL HILL 



NC 27599 



39 i58CH2 XL- , , ^ 
0^/9" 46228 , tiJO I